QUESTIONS TO ASK THE DEBTOR AT SECTION 341 MEETING OF CREDITORS
BY DEBTOR’S COUNSEL FOR CASES ASSIGNED TO
TRUSTEE, TAMMY L . TERRY
- State your appearance for the record.
- If you are not a member of the Firm that filed the case, please state:
The firm you work for, and
Whether you have filed a Notice of Special Appearance and Statement of Attorney for debtor (s)
- Let the record reflect that I have personally viewed Government issued photographic identification and proof of social security number for the debtor uploaded to the Trustee’s system and it matches the Petition and what was served out by the Bankruptcy Noticing center.
- Verify the Chapter 13 Trustee Status Sheet info (Please forward a copy of same to your client in advance of the hearing)
- Is your name spelled correctly on the Trustee’s Status Sheet?
- Is your address and last four digits of your social security number accurate on the Trustee’s Status Sheet?
- What year were you born?
- What is your marital status?
- If single, have you ever been married?
- If divorced, date of Judgment of Divorce.
- Do you anticipate (or have you received) any property, cash or otherwise, as a result of the divorce or separation proceeding?
- How often are you paid? (weekly, biweekly, semi-monthly, monthly)?
* What are your sources of income?
- Did you review and personally sign the bankruptcy petition, schedules, statements, and Chapter 13 Plan?
- Did you read the petition, schedules, statements, the plan, and related documents BEFORE you signed them?
- Debtor attorney to verify on the record that debtor (s) signed the petition
- Have you made a full and complete disclosure of all your assets and everything you own? Does anyone hold property belonging to you?
- Have you listed all of your liabilities and everyone you owe money to?
- Have you filed your tax returns for the last four (4) calendar years before filing this bankruptcy case?
- Have you lived in the State of Michigan continuously for the past two (2) years?
- Are there any errors or omissions to bring to the Trustee’s attention at this time?
- Do you have a Domestic Support Obligation such as child support or spousal support? NOTE: The case cannot be confirmed without Certification filed prior to confirmation that this obligation is current.
- Are you currently suing someone, or do you have a reason to sue anyone such as a slip and fall, car accident, or someone owes you money?
- Do you currently have or anticipate the need to hire an attorney for any reason other than your bankruptcy or to sue someone? If yes, explain why and they name(s) of your attorney.
- As a result of someone’s death, do you have any interest in any pending probate estate, life insurance proceeds, or are otherwise expecting to receive funds or property from an inheritance?
- Do you anticipate selling or transferring any personal or real property during the life of your Plan?
- In the last year have you received: severance pay, employment bonus; profit sharing; pension funds or any other additional income other than the income disclosed on Schedule I? If yes, how much and what is the source?
- Do you have insurance on all of your property such as your house, car, other assets to the extent required by contract or statute?
- Do you understand that you are required to always carry insurance during your chapter 13 case?
- Have you previously filed for bankruptcy?
- Have you created an NDC (National Data Center) account?
Please proceed with questions raised by the 341 Status Sheet and any other questions relevant to this case.