Questions asked by Trustee at 341

[lizardhead]

I'm searching for a post I saw once. Someone gave a blow by blow of how their 341 went with a list of questions the trustee asked. It was like they took notes and wrote them all down, like 15 or 20 questions. Anyone know what I'm talking about??

[lizardhead]

Found this, it's close enough.


Here are the questions that the trustee ask.

1. State your full name and mailing address
2. Did you meet with an attorney to discuss your financial situation prior to filing?
3. How long did you spend with the attorney?
4. Did you meet with anyone else in his office?
5. Did your attorney explain how the fees work in your Chapter 13 case and has your attorney provided you with a copy of the Rights and Responsibilities Statement Between Chapter 13 Debtors and Their Attorneys?
6. Do you have any credit cards (you must hand them in to the Trustee)?
7. Do you belong to a credit union?
8. Is any money coming out of your pay for any purpose other than taxes or insurance?
9. Do you contribute to a retirement savings plan or 401(k).
10. Is money coming out of your paycheck to fund the plan?
11. Do you own any real estate? If so, how much is it worth?
12. Have you made any payments to the Trustee (note that even if your case is set up to be paid by employer deduction, you are responsible for making all payments until the payroll deduction kicks in).
13. Have you filed tax returns for the past three years?
14. Do you expect a refund this year?
15. How much will the refund be?
16. Have you ever filed Bankruptcy before?
17. Have you made all mortgage payments that have come due since you filed your case?
18. Do you have insurance on your vehicle?
19. Do you have a personal injury claim or any other claim for money damages pending at this time?

[lizardhead]

What about question #8?

8. Is any money coming out of your pay for any purpose other than taxes or insurance?

Is it ok that your paying for cell phones, rent (obviously.)

[lrprn]

8. Is any money coming out of your pay for any purpose other than taxes or insurance?

Is it ok that your paying for cell phones, rent (obviously.)

The trustee is trying to find out about regularly recurring deductions taken directly out of your paycheck like an HRA (health reimbursement account), a court-ordered garnishment or child support, etc.

Rent, cell phone, etc. are living expenses and are not deducted directly from your paycheck. It's fine that you are paying them as long as they fit within the IRS required limits (rent) and the norm for your area (cell phone, cable, etc).

HTH!

[95kindebt]

why do they ask if you belong to a credit union? My husband does, and it's where all of our money goes through. We don't have anything else financed with them. Should we move our account?

[NoMoreCards]

2. Did you meet with an attorney to discuss your financial situation prior to filing?

This is the one that throws me off. I mean, I met with the attorney and retained him, but did not file until a couple weeks later (after I paid off the atty). So how would that be answered? Because technically, everyone did discuss their situation with a lawyer before the documents were filed.

[flower04]

OK, So we're set to have our 341 in a two weeks and question # 17 "Have you made all mortgage payments that have come due since you filed your case?" is starting to scare me. We have stopped paying our mortgage and are going to let the home go into foreclosure. We tried to do a short sale but our lender is not so happy with that and since we didn't have a buyer ready to go, they wouldn't go for it. ANyway, what happens if you say, "No, I haven't payed my mortgage for teh 2 months prior to filing, now 3 months total?"
Our home mortgage payment (assuming we paid it) is $2400, our monthly budgeted amount is $1800 in our plan.

[NewLifeAhead]

2. Did you meet with an attorney to discuss your financial situation prior to filing?

This is the one that throws me off. I mean, I met with the attorney and retained him, but did not file until a couple weeks later (after I paid off the atty). So how would that be answered? Because technically, everyone did discuss their situation with a lawyer before the documents were filed.

After you say yes (I met with an attorney before filing), the next question probably will be: When did you meet with your attorney? Here, they would be looking to see if you made charges to your credit cards after this meeting which could indicate you purchased stuff with no intention of paying for it (my guess).

[lookingforward]

Our trustee didn't ask nearly all of those questions. He didn't really probe into anyone's details, unless someone had a large check or amount withdrawn from their account in the month prior to filing.

[AngelinaCat]

Our trustee didn't ask nearly all of those questions. He didn't really probe into anyone's details, unless someone had a large check or amount withdrawn from their account in the month prior to filing.

I don't remember all of those questions, either. Perhaps these are tailored for a Ch13 candidate, and not a 7?

We had two or three that were specific to our situation.

*tsk* I just went back and re-read the post. These questions ARE for a Ch13. We did not have these for our Ch7.