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I have filed pro se petition and all schedules for chapter 7 bankruptcy. I am nervous of what the trustee might try. What to do

Pearl, MS |
Attorney answers 5

Posted

Most Trustees don't "try" anything.
They make sure that you filled in the schedules properly.
Their main job is find out if you have non-exempt assets that can be distributed to your unsecured creditors.

Asker

Posted

Thank you. You have answered a lot for me in all my questions. I need council, I think the trustee is going to run me in the ground if not. I don't know what to do.

Posted

Many consumers experience a high level of anxiety before and during the 341(a) meeting of creditors. However, consumers should not be afraid of the meeting or the trustee. Most meeting only last a few minutes. In addition, the trustee does not want to harass or intimidate the average consumer. Rather, he or she is looking for people who are attempting to hide assets or trying to defraud the system in order to benefit from Chapter 7 Bankruptcy. In addition, because you are pro se, the trustee will take the time to make sure that your schedules are in order.

Posted

Chapter 7 bankruptcy can present specific issues which vary from case to case, other times it is relatively straightforward. Without specifics, it's hard to give you relevant info. I understand you filed 'pro se' but you might find an attorney to review your bankruptcy paperwork before you go to the creditors meeting to identify issues and prepare. Here is what to expect at the bankruptcy creditor's meeting: BLUE LINK BELOW

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

Posted

Another thing you can do is go early to your scheduled meeting with the trustee; listen to the trustee's examination of some other debtors, and this will give you a sense of what you will be asked.

Disclaimer: This site exists to provide information only. It is not legal advice. Answering your question does not create an attorney-client relationship. I am a Massachusetts lawyer. Any information provided on this site does not, except as explicitly stated, imply familiarity with laws or procedures peculiar to your state which may differ from those where I practice.

Posted

Generally, the Trustee will ask about your assets (everything you own or could own) both personal property and real estate. It is very important that you disclose all of your assets and potential assets like potential personal injury claims and money owed to you. Also they will inquire as to what you may have sold, transferred or otherwise "taken out of you name" in the last 4 years. It is important that all of your past financial transactions were "above board" and not done to "hide" assets in another persons name. You should be very honest and answer all questions to the best of your knowledge. Depending on what you own or what you have done in the past you may want to provide documentary evidence, for example, if you own a vehicle without a loan you may want to bring evidence of its value. Another example would be if you sold a house 2 years ago and you received $20,000.00 from the sale you may want to show evidence that you actually received $20,000.00 and how the money was spent. It would be a good idea to go to your hearing early and to watch a few hearings before yours. Again, it is important that you make a full disclosure and be honest.