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Riemenschneider-McCrary Law Firm

Jackie L. Riemenschneider-McCrary, Bankruptcy Attorney, 190 S. Seguin Ave., New Braunfels, TX 78130

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Typical Procedure & Questions by Trustee for 341 Hearing

 

            First, he/she will swear in the debtors and verify identification with Driver's License and Social Security Cards.

 

            Second, he/she will ask clients to state their name/address, etc. for the record.

 

            The Trustee will usually ask questions specific & pertinent to the individual case concerning any discrepancies, possible transfers of property and valuations of property, intentions to reaffirm debts (in a Chapter 7 only) and specifics of budget expenses.  The general script of questions for all cases are as follows:

 

Is that your signature on page 3 of the petition?

Did you review the petition before you signed it?

Did you provide the information for the schedules and statement of financial affairs for your attorney?

Did you review the schedules and statement of financial affairs and all other documents field on your behalf before you signed them?

Was the information true and correct to the best of your knowledge?

Are there any mistakes or changes that need to be made?

Did you list all of your debts?

Did you list all of your Assets?

Did you list all of your Creditors?

Have you transferred a balance from one credit card to another in the 90 days before filing?  Did you receive any cash advances from a credit card in the 70 days before filing?

Have you transferred property in the year before filing?

Have you preferred one creditor over another in the 90 days before filing?

Is anyone holding any property for you?

Have you owned any real estate other than what was listed in the last 5 years?

Have you lived in Texas in the 2 years before filing?

Do you have any domestic support obligations, such as alimony or child support?

Do you have any claims or potential claims you could file against anyone?

Did you file your last year's tax return with the IRS?  Was the copy I received a true and correct copy?

Is the address of your employer listed in your schedules the correct address?

Did you read and understand the bankruptcy information sheet before you filed your case?

Were you aware that there are other chapters, such as chapter 7, 11,12,13, which you could have filed this bankruptcy under depending on your situation?

Do you know what is means to reaffirm a debt? (chapter 7 only)

Were you made aware of the effect filing a bankruptcy may have on your credit?

 

Disclaimer:  These procedures and questions are for only the San Antonio Division of the Western District of Texas and procedures and questions in other divisions and states may vary.