What will they ask at 341?

[Ekop785]

I hear the 341 is usually only a few minutes, but what can I expect to be asked? I am just nervous since I have no attorney. This is a no-asset Chapter 7.

[justbroke]

Please see https://www.bkforum.com/forum/before...rustee-ask-341

There are about 20 standard questions. The rest are to further probe based on the response of the debtor. Trustee can always go off-script to probe or drill down on a response.)

Make sure that you look at the last post. It points to the latest update to the Trustee guidelines. Although there is a link to the guidelines, I don't suggest reading them. The questions at the top of the thread are the standard questions. You'll be asked most, but possibly not all, of the questions in that short list. The Trustee can tailor the questions based on what you have filed.

[bornfree2]

Here are some youtube videos ive been collecting on 341 meetings

Real meetings

https://www.youtube.com/watch?v=P1fdoPsea50

https://www.youtube.com/watch?v=_eD2QgEWFn8

https://www.youtube.com/watch?v=OEuGXT6iFrc

Mock meetings

https://www.youtube.com/watch?v=igxzV4ToZlw

https://www.youtube.com/watch?v=9uUVkWk7alU

https://www.youtube.com/watch?v=K-6kf1iP1Dg

https://www.youtube.com/watch?v=K-6kf1iP1Dg

https://www.youtube.com/watch?v=ialTcnKnYyM

Mock Pro Se ‘nightmare’ meeting (this is exaggerated presentation IMHO..but who knows if the trustee has the power to literally strip you of your belongs at the meeting)

https://www.youtube.com/watch?v=ua35kCANeSY

[Ekop785]

This is awesome, thank you! I probably am worrying unnecessarily - the only thing I own that is of any value is my old car, which is exempt. I love my cats, but fortunately, they are of no monetary value.

[Ekop785]

When they are asked if they signed under oath, I assume that just means they are aware that the forms were filled out under penalty of perjury?

[justbroke]

When they are asked if they signed under oath, I assume that just means they are aware that the forms were filled out under penalty of perjury?

The 341 Meeting is special in that it is conducted on-the-record while the debtor has been sworn in (given an oath). At this point, a debtor has the chance to say that they did not read the petition and/or are unsure if it is a true representation. The debtor is actually reaffirming, under and oath, that the petition is accurate.

Think of it as making sure that the petition is correct and that the debtor understands the petition that has been filed. The Trustee's job is more difficult if the petition is not an accurate representation of the debtor's financial affairs. It's even worse if the debtor perjured themselves by providing false information. If the Trustee suspects perjury, it would be referred to the United States Trustee for further referral to the United States Attorney for prosecution in the U.S. District Court on the criminal side.

[Ekop785]

Thank you! Whew, I thought maybe there were some forms that had to be notarized that I was not aware of and submitted .

[justbroke]

The 341 Meeting, being under oath, seals the deal. The Trustee asks if the debtor signed the form. If I recall correctly, my Trustee asked if that was my signature that appeared on the petition. Since this is done under oath, with pain of penalty, this is probably better than a notarized signature.

[Ekop785]

I guess what threw me off was when the judges in the audio clips ask if the forms were "signed under oath". I will take that to mean "signed under awareness of penalty of perjury"...

[bornfree2]

The 341 Meeting, being under oath, seals the deal. The Trustee asks if the debtor signed the form. If I recall correctly, my Trustee asked if that was my signature that appeared on the petition. Since this is done under oath, with pain of penalty, this is probably better than a notarized signature.

If someone answers one of those very general 'did you do xyz in the last 4 years' and you answer no.. yet you then recall that you did do that (or it could be seen you did that), then what happens? Is it safer to answer 'yes' if you dont 100% know, or is it better to answer no, then some document reveals you have you can say i honestly did not remember that?

(I honestly think that with todays data sharing, there most be some private databases that give out every single purchase and financial transaction someone has made since decades and the trustee could just go fishing for big ticket items and then play 'gotcha'.... there really should be a consumer's rights to data sharing and an option to delete your data or only opt in for data sharing)

Also what is the 'pain of penalty' and how is 'perjury' prosecuted?

[Ekop785]

I would just answer to the best of my knowledge/recollection (which ideally, would match up with your paperwork). I agree with you that "fishing' is probably done frequently at the meetings.

[justbroke]

I guess what threw me off was when the judges in the audio clips ask if the forms were "signed under oath". I will take that to mean "signed under awareness of penalty of perjury"...

Personally, I would not use those videos as what exactly would happen or would be said during your 341 Meeting. The videos do, however, give a general idea of a 341 Meeting. Some of those videos are mock meetings and the language is not 100% accurate.

A person is first given an oath and then they are asked a serious of questions based on the petition. The Trustee has a set of standard questions which are published by the Executive Office of the United States Trustee. We just call those the standard questions.

If a debtor did remember something and informed the Trustee during the meeting, then the Trustee will ask that the petition is amended. The Trustee will then adjourn but not conclude the meeting. The Trustee will proceed again once the petition is updated. Whether or not the Trustee reconvenes the meeting again is fact-specific. In some cases, the Trustee is good with only the update and will not reconvene the 341 Meeting.

The Trustee only fishes based on a debtor's responses and what's in their forms. The Trustee makes very little money per case, so generally fishing for no reason is useless. There are required questions (a set of 20) and then some other questions are already suggested in the Trustee handbook. Some of those are related to those with businesses and those with real property. The Trustee can drill down on any response.

There is no database of your spending. We just call that a bank or credit card statement. That is specifically why the Trustee wants to look at those financial records. The Chapter 7 Panel and Chapter 13 Standing Trustees are ordinary people. They are not the court. They are independent trustees appointed by the Office of the United States Trustee to shepherd a bankruptcy case.

[bornfree2]

The Chapter 7 Panel and Chapter 13 Standing Trustees are ordinary people. They are not the court. They are independent trustees appointed by the Office of the United States Trustee to shepherd a bankruptcy case.

I was reading the guideline book, and the language in there seems to describe the trustee's as freelancers (likely lawyers who take this on). Like this is an outsourced part of the process and they have to follow certain rules, regulations, etc. I got this impression because i came across the form report they fill and even reimbursement for expenses.

In that case, then yes they probably don't extraordinary powers ... i hope lol