Questions Trustees Ask at 341 Meetings
This is the #1 thing people search for before their meeting. Here are the actual questions, organized by chapter.
Questions asked in every case (Chapter 7 and Chapter 13)
Every trustee begins with a standard set of questions. These are almost identical across the country because the U.S. Trustee Program publishes suggested question lists. Here are the ones you will hear in virtually every case:
"Please state your full name and current address."
Basic identity confirmation. Just state your legal name and the address where you live now.
"Did you sign the petition, schedules, and statement of financial affairs?"
They want to confirm you actually reviewed and signed your own paperwork.
"Did you read the petition before you signed it?"
This establishes that you knew what was in your filing. The answer should be yes.
"Is the information in your petition true and correct?"
If you know of any errors, say so. Errors can be corrected by filing an amendment.
"Are there any changes or corrections you need to make?"
If your attorney has identified amendments to file, mention them here.
"Have you listed all of your assets -- everything you own?"
This means everything: cars, bank accounts, household goods, clothing, retirement accounts, insurance policies, lawsuits, tax refunds, etc.
"Have you listed all of your debts?"
Including debts you intend to keep paying, like a mortgage or car loan.
"Have you transferred, sold, or given away any property in the last 2 to 4 years?"
The trustee is looking for fraudulent transfers -- property moved to hide it from creditors. Routine sales (like selling a car at market value) are fine; just be honest.
"Do you have any domestic support obligations -- child support or alimony?"
These debts are not dischargeable and the trustee needs to know about them.
"Have you filed all required tax returns for the last 4 years?"
The trustee may ask to see copies. Unfiled tax returns can delay or derail your case.
"Are you a party to any pending lawsuits, claims, or insurance settlements?"
This includes personal injury claims, workers' compensation, pending inheritance, or anything that could bring money into the estate.
"Is anyone holding property or money for you?"
This catches situations where someone else is holding assets on the debtor's behalf.
Additional Chapter 7 questions
In a Chapter 7 case, the trustee is a "panel trustee" whose primary job is to identify non-exempt assets that can be sold to pay creditors. These additional questions focus on property values and exemptions:
"What is the current value of your home/car/other property?"
The trustee may drill into specific assets if they think there might be equity beyond what your exemptions cover.
"Do you have any equity in your home?"
If your home equity exceeds your state's homestead exemption, the trustee may investigate further.
"Are you expecting a tax refund this year?"
Tax refunds are property of the estate. The trustee may claim all or part of a large refund.
"Have you repaid any family members or friends in the last year?"
Payments to "insiders" (family, business partners) within one year of filing can be recovered by the trustee as preferential transfers under 11 U.S.C. § 547.
"Do you want to reaffirm any debts?"
A reaffirmation agreement means you agree to keep paying a debt (usually a car loan) and keep the property. The trustee may ask if your attorney has discussed this with you.
Additional Chapter 13 questions
In a Chapter 13 case, the standing trustee focuses on income, expenses, and whether your repayment plan is feasible:
"What is your current gross monthly income?"
The trustee will compare this to what is listed in your schedules.
"Has your income changed since you filed?"
If you got a raise, lost a job, or picked up extra work, the trustee needs to know.
"Can you afford the plan payment of $[amount] per month?"
The trustee wants to hear that you understand your plan and believe you can make the payments.
"Are you current on your plan payments?"
If your first payment was already due, the trustee will check whether you have paid.
"Do you have any additional sources of income not listed?"
Side jobs, rental income, cash payments, contributions from household members -- all fair game.
"Are the expenses listed in your schedule accurate?"
The trustee may challenge expenses that seem too high or ask about items that seem missing.
Do not lie. Do not guess. Do not exaggerate. Everything you say is under oath and recorded. If you do not know the answer, say "I don't know" or "I'm not sure." If you need to check your records, ask if you can follow up. Lying at a 341 meeting can result in denial of discharge, criminal prosecution for bankruptcy fraud, or both.
Tips for answering
- Keep answers short. Yes, no, or a brief factual statement. Do not volunteer extra information.
- Listen to the full question before answering. Do not interrupt the trustee.
- If you do not understand a question, ask the trustee to rephrase it.
- If your attorney is present, they may object to a question or ask for clarification. Follow their lead.
- Speak clearly -- especially on phone meetings where the trustee cannot see you.
- Review your petition before the meeting so you know what it says. The trustee's questions will reference it directly.
The #1 tip: Read your petition before the meeting. Most problems at 341 meetings happen because debtors are not familiar with their own paperwork. If your attorney prepared the petition, sit down and read every page before the meeting. Flag anything that looks wrong and tell your attorney.