Approximately 30 days after a debtor files for bankruptcy in the greater Miami or Fort Lauderdale area they are required to appear at meeting of the creditors (the “341 meeting”).  The 341 meeting is a scheduled court appearance in Florida where the debtor will be asked questions regarding his or her assets and debts.  Typically the only person that will ask the debtor questions about their case are the Bankruptcy Trustees but in rare occasions creditors will show up to ask questions.  Here are examples of typical questions that a debtor will be asked in the 341 meeting:

  1. Did you review your bankruptcy petition with your attorney?
  2. Do you remember signing your bankruptcy petition?
  3. Is your bankruptcy petition correct with regards to your assets?
  4. Do you owe any alimony or child support?
  5. Have you given or transferred any assets in the last year?
  6. Do you owe anyone money that you didn’t list on your bankruptcy petition?
  7. Specific questions regarding your assets including
    1. When you purchased your home
    2. How long you have lived in your home
    3. If you own your own business – what the business does, and if it owns any assets?

Typically it is best for a debtor to answer every question with a simple yes or no and only supply additional information when the trustee requests.  The trustee’s questions are not intended to trick or deceive the debtor but rather they are questions that the debtor should be able to easily answer.  If the debtor doesn’t know the answer to a question it is ok.

If you are considering bankruptcy, contact Shmucher Law, Pl to schedule a free consultation.  Managing attorney Ofer Shmucher will personally meet with you in a confidential setting and help determine if bankruptcy is the right option for you.