Following are the questions your trustee is required to ask you at your bankruptcy hearing. Below these required questions are a list of sample questions your trustee may ask you depending on the facts of your case. If you have any questions about answering any of these questions, you should discuss them with your attorney before you meet with the trustee.

QUESTIONS THE TRUSTEE IS REQUIRED TO ASK YOU AT YOUR BANKRUPTCY HEARING (341(a) MEETING OF CREDITORS)

1.     State your name and current address for the record.

2.    Please provide your picture ID and social security number card for review.

a.     If the documents are in agreement with the § 341(a) meeting notice, a suggested statement for the record is:

“I have viewed the original state of ________ drivers license (or other type of original photo ID) and original social security card (or other original document used for proof) and they match the name and social security number on the § 341 (a) meeting notice.”

b.    If the documents are not in agreement with the 341(a) meeting notice, a suggested statement for the record is:

“I have viewed the original social security card (or other original document used for proof) and the number does not match the number on the § 341(a) meeting notice.  I have instructed the debtor (or debtor’s counsel) to submit to the court an amended verified statement by [date], with notice of the correct number to all creditors, the United States Trustee, and the trustee, and to file with the court a redacted copy of the notice, showing only the last four digits of the social security number, and a certificate of service.”

c.    When the documents do not match the petition, the trustee shall attempt to ascertain why, and shall report the matter to the United States Trustee.

d.    If the debtor did not bring proof of identity and social security number, the trustee shall determine why.

3.    Did you sign the petition, schedules, statements, and related documents and is the signature your own?  Did you read the petition, schedules, statements, and related documents before you signed them?

4.    Are you personally familiar with the information contained in the petition, schedules, statements and related documents?  To the best of your knowledge, is the information contained in the petition, schedules, statements, and related documents true and correct? Are there any errors or omissions to bring to my attention at this time?

5.    Are all of your assets identified on the schedules?  Have you listed all of your creditors on the schedules?

6.    Have you previously filed bankruptcy?  (If so, the trustee must obtain the case number and the discharge information to determine the debtor(s) discharge eligibility.)

7.    What is the address of your current employer?

8.    Is the copy of the tax return you provided a true copy of the most recent tax return you filed?

9.    Do you have a domestic support obligation?  To whom?  Please provide to me the claimant’s address and telephone number, but do not state it on the record.

10.    Have you read the Bankruptcy Information Sheet provided by the United States Trustee?

SAMPLE GENERAL QUESTIONS (To be asked when deemed appropriate.)

1.    Do you own or have any interest whatsoever in any real estate?

If owned: When did you purchase the property? How much did the property cost?  What are the mortgages encumbering it?  What do you estimate the present value of the property to be?  Is that the whole value or your share?  How did you arrive at that value?

If renting:  Have you ever owned the property in which you live and/or is its owner in any way related to you?

2.    Have you made any transfers of any property or given any property away within the last one year period (or such longer period as applicable under state law)?

If yes:  What did you transfer?  To whom was it transferred?  What did you receive in exchange?  What did you do with the funds?

3.    Does anyone hold property belonging to you?

If yes:  Who holds the property and what is it? What is its value?

4.    Do you have a claim against anyone or any business?

If there are large medical debts, are the medical bills from injury?
Are you the plaintiff in any lawsuit?
What is the status of each case and who is representing you?

5.    Are you entitled to life insurance proceeds or an inheritance as a result of someone’s death?

If yes:  Please explain the details.

If you become a beneficiary of anyone’s estate within six months of the date your bankruptcy petition was filed, the trustee must be advised within ten days through your counsel of the nature and extent of the property you will receive.  FRBP 1007(h)

6.    Does anyone owe you money?

If yes:  Is the money collectible?  Why haven’t you collected it? Who owes the money and where are they?

7.    Have you made any large payments, over $600, to anyone in the past year?

8.        Were federal income tax returns filed on a timely basis?  When was the last return filed? Do you have copies of the federal income tax returns?  At the time of the filing of your petition, were you entitled to a tax refund from the federal or state government?

If yes:  Inquire as to amounts.

9.    Do you have a bank account, either checking or savings?

If yes:  In what banks and what were the balances as of the date you filed your petition?

10.    When you filed your petition, did you have:

a.    any cash on hand?
b.    any U.S. Savings Bonds?
c.    any other stocks or bonds?
d.    any Certificates of Deposit?
e.    a safe deposit box in your name or in anyone else’s name?

11.    Do you own an automobile?

If yes:  What is the year, make, and value?  Do you owe any money on it?  Is it insured?

12.    Are you the owner of any cash value life insurance policies?

If yes:  State the name of the company, face amount of the policy, cash surrender value, if any, and the beneficiaries.

13.    Do you have any winning lottery tickets?

14.    Do you anticipate that you might realize any property, cash or otherwise, as a result of a divorce or separation proceeding?

15.    Regarding any consumer debts secured by your property, have you filed the required Statement of Intention with respect to the exemption, retention, or surrender of that secured property?  Please provide a copy of the statement to the trustee.  Have you performed that intention?

16.    Have you been engaged in any business during the last six years?

If yes:  Where and when?  What happened to the assets of the business?

In cases where debtors are engaged in business, the following questions should be considered:

1.    Who was responsible for maintaining financial records?

2.    Which of the following records were maintained?

a.    Cash receipts journal
b.    Cash disbursements journal
c.    General journal
d.    Accounts receivable ledger
e.    Accounts payable ledger
f.    Payroll ledger
g.    Fixed asset ledger
h.    Inventory ledger
i.    General ledger
j.    Balance sheet, income statement, and cash flow statements

3.    Where are each of the foregoing records now located?

4.    Who was responsible for preparing financial statements?

5.    How often were financial statements prepared?

6.    For what periods are financial statements available?

7.    Where are such financial statements now located?

8.    Was the business on a calendar year or a fiscal year?

9.    Were federal income tax returns filed on a timely basis?  When was the last return filed?

10.    Do you have copies of the federal income tax returns?  Who does have the copies?

11.    What outside accountants were employed within the last three years?

12.    Do you have copies of the reports of such accountants?  Who does have copies?

13.    What bank accounts were maintained within the last three years?

14.    Where are the bank statements and canceled checks now located?

15.    What insurance policies were in effect within the last year?  What kind, and why?

16.    From whom can copies of such insurance policies be obtained?

17.    If the business is incorporated, where are the corporate minutes?

18.    Is the debtor owed any outstanding accounts receivable?  From whom?  Are they collectible?

19.    Is there any inventory, property, or equipment remaining?

Source: Executive Office of U.S. Trustee, Handbook for Standing Trustees, July 2002 (With Technical Amendments, effective 1/1/05; updated 341 meeting questions, effective 3/1/06; and Domestic Support Obligations, effective 10/1/08)

If you file a Chapter 13 bankruptcy in the Northern District of Oklahoma (Tulsa), the following Chapter 13 trustee will be assigned to your case:

Lonnie D. Eck
P.O. Box 2038
Tulsa, OK 74101
E-mail: leck@eckchapter13.com
Phone: (918)599-9901
Fax: (918)587-0364

This information is current at this time (March 11, 2009) but is subject to change.

If you file a Chapter 13 bankruptcy in the Eastern District of Oklahoma (Okmulgee), the following Chapter 13 trustee will be assigned to your case:

William Mark Bonney
215 State Street, Suite 1000
Muskogee, OK 74401

P.O. Box 1548
Muskogee, OK 74402-1548
E-mail: contact@13okeb.com
Phone: (918)683-3840
Fax: (918)683-3302

This information is current at this time (March 11, 2009) but is subject to change.

If you file a Chapter 13 bankruptcy, a Chapter 13 trustee will be assigned to your case. You will meet the trustee when you go to court for the Meeting of Creditors (Section 341 Meeting) as the trustee presides over this meeting.

The bankruptcy trustee in a Chapter 13 case generally has a more complex role to play than does a trustee in a Chapter 7 case.

First, whereas the Chapter 7 trustee is mainly concerned with the assets you own, the Chapter 13 is mainly concerned with your monthly income and living expenses. Unlike in a Chapter 7 bankruptcy where the trustee takes any non-exempt property you may own, sells that property and disburses the proceeds to your unsecured creditors, in a Chapter 13 bankruptcy you generally get to keep any non-exempt property you may own in exchange for paying your creditors what you can afford to pay them over a 36 to 60 month repayment plan. The Chapter 13 trustee’s main concern is that you are paying as much as you possibly can each month under the Chapter 13 repayment plan. Therefore, the Chapter 13 seeks to ensure that you are not hiding income and that your living expenses are not excessive.

Second, your monthly Chapter 13 plan payments are made to the Chapter 13 trustee. He is responsible for paying all of your creditors according to your Chapter 13 plan once it has been approved by the bankruptcy judge. Should you fall behind in your monthly payments to the Chapter 13 trustee, he will file a motion to dismiss your case.

It is important that you fully cooperate with the Chapter 13 trustee. Failure to cooperate could result in your case being dismissed or your bankruptcy discharge being denied.

If you are struggling with debt problems and being harrassed by bill collectors and would like to know more about how bankruptcy may be able to help you, contact me today by phone or email to schedule a FREE initial consultation. I would count it a privilege to be able to visit with you in a relaxed and confidential environment where I’ll answer all of your questions in plain English and give you the straight scoop on the pros and cons of bankruptcy as related to your specific situation.

If you file a Chapter 7 bankruptcy in the Northern District of Oklahoma (Tulsa), one of the following Chapter 7 trustees will be randomly assigned to your case:

Scott P. Kirtley
P.O. Box 1046
Tulsa, OK 74101
Phone: (918)587-3161
Fax: (918)583-1549

Patrick Joseph Malloy, III
111 W. 5th Street, Ste 700
Tulsa, OK 74103
Phone: (918)747-3491
Fax: (918)743-6103

Gerald R. Miller
627 W. Broadway
P.O. Box 2667
Muskogee, OK 74402-2011
E-mail: grmok1@swbell.net
Phone: (918)687-1347
Fax: (918)687-1348

Steven W. Soule
320 S. Boston, Suite 400
Tulsa, OK 74103
Phone: (918)594-0400
Fax: (918)594-0505

Sidney K. Swinson
100 W 5th, Suite 1100
Tulsa, OK 74103
Phone: (918)595-4800
Fax: (918)595-4990

Karen S. Walsh
502 W. 6th Street
Tulsa, OK 74119
Phone: (918)587-3161
Fax: (918)583-1549

This information is current at this time (March 11, 2009) but is subject to change.

If you file a Chapter 7 bankruptcy in the Eastern District of Oklahoma (Okmulgee), one of the following Chapter 7 trustees will be randomly assigned to your case:

Patrick Joseph Malloy, III
111 W. 5th Street, Ste 700
Tulsa, OK 74103
Phone: (918)747-3491
Fax: (918)743-6103

Gerald R. Miller
627 W. Broadway
P.O. Box 2667
Muskogee, OK 74402-2011
E-mail: grmok1@swbell.net
Phone: (918)687-1347
Fax: (918)687-1348

Sidney K. Swinson
100 W 5th, Suite 1100
Tulsa, OK 74103
Phone: (918)595-4800
Fax: (918)595-4990

Karen S. Walsh
502 W. 6th Street
Tulsa, OK 74119
Phone: (918)587-3161
Fax: (918)583-1549

This information is current at this time (March 11, 2009) but is subject to change.

If you file a Chapter 7 bankruptcy, a trustee will be randomly assigned to your case. You will meet the trustee when you go to court for the Meeting of Creditors (Section 341 Meeting) as the trustee presides over this meeting.

The trustee’s primary duties are to ask you questions under oath regarding your assets and debts, to take possession of an “non-exempt” assets you may own, to sell those non-exempt assets, and then to distribute the money received to the unsecured creditors who file claims in your bankruptcy case.

It is important that you fully cooperate with the Chapter 7 trustee. Failure to cooperate could result in your case being dismissed or your bankruptcy discharge being denied.

If you are struggling with debt problems and being harrassed by bill collectors and would like to know more about how bankruptcy may be able to help you, contact me today by phone or email to schedule a FREE initial consultation. I would count it a privilege to be able to visit with you in a relaxed and confidential environment where I’ll answer all of your questions in plain English and give you the straight scoop on the pros and cons of bankruptcy as related to your specific situation.