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What to expect at my 341 Hearing in Jacksonville?

Roughly about 30 to 45 days after you file bankruptcy in Jacksonville, Florida, whether it is a Chapter 7 or a Chapter 13 Bankruptcy, you will be required to appear at the Meeting of Creditors, a/k/a the 341 Hearing, along with your attorney. At this meeting, your assigned Trustee places you under oath and asks you a series of questions about your Bankruptcy Petition and the supporting documents that you provided to him or her.

dedective46-150x150However, very recently I have had a lot of clients come to me very concerned and worried about this meeting. They want to know what to expect. The best thing you can do to be prepared is to know what types of questions the Trustee might ask you.

Here are a few sample questions of what your Trustee might ask you and things you should keep in mind when under oath at your 341 Meeting in Jacksonville:

1. Once you have been placed under oath, your Trustee will have you state your full legal name and your current residence and/or mailing address?
2. Do you have a picture ID and social security card for me to review?

3. Did you sign and review the Bankruptcy Petition, including all of the statements, schedules, and other related documents, prepared by your attorney?

4. Do you personally know the information listed and written in the Bankruptcy Petition, including all of the statements, schedules, and other related documents, filed by your attorney? Is everything true and correct to the best of your knowledge and belief? Are there any mistakes or oversights you need to advise me of?

5. Did you list all of your assets in your Petition as well as all of your creditors?

6. Have you ever filed bankruptcy before?

7. Are you employed? What is the address of your employer?

8. Did you provide me with a true copy of your most recent tax return?

9. Are you obligated to pay any domestic support obligations such as child support or alimony?  If so, to whom?

10. Have you read the Bankruptcy Information Sheet fully prepared by the United States Trustee?

11. Do you own or have any interest in any real property such as a house or lot?

12. Does anyone currently hold any property that is owned by you? If so, who is holding the property and what is it?

13. Do you have any reason or right to file a court action against an individual or any business?

14. Are you part of any legal proceeding? If so, can you explain the status of each case and who you are represented by?

15. Have you transferred any property or given away any property within the last one year.

16. Do you own any vehicles? If so, state the year, make, model and value of each vehicle? Do you owe any money on it/them? Is it/are they insured?
17. Do you anticipate that you might get any property, cash or otherwise, as a result of a divorce or separation proceeding?
Again, the best way to calm yourself when getting ready for your 341 Meeting is to be prepared! While the questions above are a good starting point, they are just the most general questions. Based on your specific situation, the Trustee could ask you additional or a few different questions. As with any type of legal process, is it always best to seek the advice of an attorney. Contact the Law Office of David M. Goldman, PLLC today and speak with a Jacksonville Bankruptcy Attorney.

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