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Do i have to speak with the trustee or answer questions at the 431 meeting in case I represented by an BK attorney ?

Los Angeles, CA |

in addition .. do i have the right to refuse answering trustee questions if i
choose to do so ?

Attorney Answers 4


You do the talking. Generally no, unless you are going to incriminate yourself.

Do not over think the 341. It is really not a big deal. Go early and watch other people.

Jonathan Leventhal, Esq..
Leventhal Law Group, P.C.

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Yes. The Trustee is speaking directly to you and does not want to hear from your attorney except for clarification. I know to keep my mouth shut when at the meeting unless addressed or when my client is completely lost and does not understand the question. Do not be scared or nervous, just be straightforward and answer honestly. Do not be worried if you forgot something. If you remember, tell the Trustee what you remember and it will be added to the record. Your attorney will update any schedules or forms and provide any necessary information.

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No, you do not have the right to not answer questions except to invoke your 5th amendment rights. But if you think you need to invoke those rights, you need a criminal attorney.

Just be truthful, complete, and correct on all your bankruptcy papers and at the meeting.

I am licensed only in Texas. Offering information of a general nature in response to a question is not intended to be legal advice in your state.

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Your attorney represents you but cannot answer questions for you under oath since your attorney does not have personal knowledge of your financial circumstances. For your attorney to testify for you would make the testimony hearsay, which is inadmissible in most courtroom situations. I would discourage a person from filing bankruptcy if they are attempting to hide financial crimes. However, if you are overly anxious without any real misconduct, you may wish to view what a typical 341 meeting looks like. The link below will show a video from the US Trustee's office of what these meetings involve. Hope this perspective helps!

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