August 21, 2017

What Does the Chapter 7 Bankruptcy Trustee ask at the Hearing?

Below is a list of general questions the chapter 7 bankrutpcy trustee asks at the hearing; there will be variation from one trustee to the next, but the questions touch on most of the topics the trustee covers.  Trustees may ask additional or tailored questions depending on the facts of the case.

SAMPLE QUESTIONS THE BANKRUPTCY TRUSTEE ASKS:

1. Do you still live at the address listed on your bankruptcy petition?

2. What is your marital status?

3. Have you or your spouse ever filed bankruptcy before?

4. Did you review and sign your bankruptcy filing?

5. Did you understand the contents of your bankruptcy filing?

6. Did you receive the trustee’s information sheet?  – This document is provided at your office visit.

7. Did you list all of your assets?

8. Did you list all of your debts?

9. Does anyone owe you money?

10. Do you own any insurance policies with cash value or with value you can borrow against?

11. Have you taken any loans from pensions or retirement accounts in the past 2 years?  If so, how did you spend the money?

12. Do you pay any domestic support obligations (alimony or child support) to anyone?   Does anyone pay them to you?  If so, give the name and address of the other party.

13. Do you have any potential legal claims against any people or any companies?

14. Have you recently been in a car accident?

15. Has anyone recently died from whom you might inherit money?

16. Do you understand you must notify the trustee’s office if you inherit anything (or have any other dramatic financial improvement such as winning the lottery) during the 6-month period after your bankruptcy discharge?

17. Have you filed your tax return for this year?

18. Have you received your tax refund for this year?

19. If you received a tax refund, did you spend it?  If so, how did you spend it?

20. If you did not list a car on your assets schedule, the trustee may ask you what you do for transportation.

21. Did your payments to any one creditor total  $600 or more during the 90 days before you filed bankruptcy?  (The answer will usually be “yes” for secured property you are keeping– examples include car loans and mortgage payments.)

22. Have you been self-employed in the past 2 years?  If you have, the trustee might ask you about property owned by the business.

23. Have you owned real estate in the past 4 years?  If so, what is the status of it?  (You still own it, you sold it, foreclosure, short sale, deed in lieu, etc.)

24. If you sold real estate within the past 4 years, did you make a profit?  If so, how did you spend it?

25. Have you refinanced and taken cash out or taken a second mortgage on your real estate in the past 2 years?  If so, how did you spend the proceeds?

26. If you have not yet lived in Oregon a full two years, the trustee will ask you some questions about your previous state of residency to determine if you are using the correct state’s exemptions.

27. The trustee’s other questions will depend on the specific contents of your petition.

Pursuant to 11 U.S. Code § 528: "I am a debt relief agency. I help people file for bankruptcy relief under the Bankruptcy Code."

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