What Can a Chapter 7 Bankruptcy Trustee Can Ask Me at My Hearing?

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What Can a Chapter 7 Bankruptcy Trustee Can Ask Me at My Hearing?

The list below includes just about every question under the sun that a trustee might ask you in a chapter 7 proceeding in Oregon and Washington. You will notice that there is not a single question requiring you to justify your spending or judgment in the years leading up to your filing. Again, this is a nearly exhaustive list and it is extremely doubtful that the Trustee would ask you more than five of the questions listed below. Most of those questions will be drawn from the first ten questions listed below.

1 Did you receive the Statement of Information Sheet as required by the United States Trustee?

2 Have you ever filed bankruptcy before?

3 Did you meet with your attorney before today?

4 Are you familiar with the Petition, Schedules and related documents?

5 Did you read the Petition, Schedules and related documents before you signed them?

6 Are the truthful and accurate to the best of you knowledge?

7 Are there any additions or corrections?

8 Have your income or expenses changes since you filed?

9 Has your employer’s address changed since the filing of the bankruptcy code?

10 Did you list everything you own (assets) and all your creditors?

11 List all the land you own?

12 Any inheritance received within 180 days of filing belongs to the trustee?

13 Have all your tax returns filed and up to date?

14 Are you still waiting for a tax refund?

15 Did you receive a refund post-petition?

16 Is the tax return your atty sent to the trustee a true and accurate copy of the latest return?

17 Have you received money from a retirement account within 180 days prior to your bankruptcy?

18 Have you sold a major item, house, car within 180 days of filing your petition?

19 Have you refinance your home within 120 of filing bankruptcy?

20 Have you purchased a vehicle within 120 days of filing bankruptcy?

21 Have you refinanced any other loan during the 120 days of filing bankruptcy?

22 Have you had any wages garnished within 90 days of filing bankruptcy?

23 Have you transferred any balances on any loans from one card to another within 90 days?

24 Do you have any season tickets?

25 Have you repaid any relative $200 or more within the last 365 days?

26 Does anyone owe you money?

27 Have you been divorced within the last 5 years?

28 Do you have any child support, alimony or maintenance obligations?

29. 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?
  • 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)?
  • i. If yes: What did you transfer? To whom was it transferred? What did you receive in exchange? What did you do with the funds?

30. Does anyone hold property belonging to you? If yes: Who holds the property and what is it? What is its value?

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

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

33. Does anyone owe you money?

34. Were federal income tax returns filed on a timely basis?

35. 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?

36. Do you own an automobile? a. If yes: What is the year, make, and value? Do you owe any money on it? Is it insured? 30 Are you the owner of any cash value life insurance policies?

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

2008-03-12T06:27:11+00:00
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