Florida Bankruptcy – What Questions will I be Asked at my 341 Meeting of the Creditors in Miami or Fort Lauderdale?

December 13th, 2010

All my clients seem to get nervous prior to their meeting of the creditors because it will be there one and only time they will ever have to go to “court.”  Luckily for my clients the 341 meeting of the creditors isn’t a true court hearing, rather it is a hearing with a bankruptcy trustee.  All parties sit at a conference table and the debtor will be asked approximately five minutes of questions.  The debtor should have no problem answering any of the questions and if they do, they could always provide paperwork at a later time to answer the question.   Here are the most common questions that a bankruptcy trustee will ask a debtor if they filed for bankruptcy in Miami or Fort Lauderdale?

  1. Do you remember reviewing and signing your bankruptcy petition and schedules?
  2. Is the information in your schedules true and correct?
  3. Did you list all your assets and your debts?
  4. Questions about real estate
    1. Have you ever owned any real estate in the past five years?
    2. When did you purchase the real estate?
    3. Have you refinanced the property in the last two years?
    4. Have you rented out the property in the last two years?
    5. What are your intentions with the property? (surrender/keep)
    6. Are you current on your payments
      -     If not, how many months are you behind?
  1. Questions about vehicles.
    1. Do you still own the vehicle?
    2. Are you current on payments?
    3. Do you still have insurance on your vehicle?
    4. Questions about assets.
      1. Have you given away or transferred any assets in the past two years?
      2. Miscellaneous questions
        1. Can you sue anyone? (personal injury)
        2. Are you the beneficiary of any will or trust?

Remember that you are answering all of these questions under oath and lying under oath could have severe consequences in your bankruptcy case and/or could include a jail sentence.  If you would like a free consultation with a bankruptcy lawyer feel free to contact Shmucher Law, PL at 305.741.5553 or 954.309.5559.

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