Questions About Debtor's Identity

• At the meeting, the debtor must be sworn in by a court officer. The debtor must answer affirmatively and promise to tell the truth. After being placed under oath, the trustee begins the questioning. The purpose of the questions is simply to gather facts; it is not adversarial in nature. The first questions typically hinge around verifying basic information about the debtor. The trustee will ask the debtor his name, address, Social Security number and whether the debtor has filed for bankruptcy before.
  
  

Questions Regarding Bankruptcy Petitions

• After the preliminary questions, the trustee will delve into the details contained within the bankruptcy petition and related forms and schedules. Common questions concern whether the debtor read through all the paperwork closely and whether the debtor listed every piece of property and each debt. If the debtor is proceeding without an attorney, the trustee may ask whether the debtor received help preparing the paperwork and whether the debtor paid someone to prepare it. The main purpose of this line of questioning is to ensure that the debtor is being truthful in regard to his assets and debts.
  
  

Questions Regarding Property Transfers

• The trustee needs to know if the debtor made any property transfers within the past few years. During the 341 meeting, the trustee will ask the debtor whether anyone else is holding property owned by the debtor and whether the debtor sold or gave away any property recently. While bankruptcy is designed to offer debt relief, the courts want the proceedings to be fair and do not want debtors to abuse the system by fraudulently transferring assets or hiding them from creditors.
  
  

Conclusion of the Meeting

• After discussing the details of the debtor's property and debts, the trustee usually asks the debtor whether she wants to make any changes to the information contained in the bankruptcy documents. The trustee will allow any creditors present to ask the debtor questions relating to his debts and finances; creditors are not required to be present at the meeting. The trustee will ask the debtor is she has any questions. If there is nothing further from either side, the trustee will adjourn the meeting and explain any actions the debtor needs to take.