“Standard” Chapter 13 Meeting of Creditor Questions

11 Feb “Standard” Chapter 13 Meeting of Creditor Questions

Below are the questions typically asked of Chapter 13 debtors in Maryland at the Meeting of Creditors. It is not a test!

(Taken from the Chapter 13 Trustee Handbook)

Basic Questions

1. State your name and current address for the record.
2. Please provide your picture ID and Social Security number card for review.
3. Did you sign the petition, schedules, statements, and related documents and is the signature your own? Did you read the petition, schedules, statements, and related documents before you signed them?
4. Are you personally familiar with the information contained in the petition, schedules, statements and related documents? To the best of your knowledge, is the information contained in the petition, schedules, statements, and related documents true and correct? Are there any errors or omissions to bring to my attention at this time?
5. Are all of your assets identified on the schedules? Have you listed all of your creditors on the schedules?
6. Have you previously filed bankruptcy? If so, under what Chapter, what is the case number and when did you receive your discharge?
7. What is the address of your current employer?
8. the copy of the tax return you provided a true copy of the most recent tax return you filed?
9. Do you have a domestic support obligation? To whom? Please provide their name, address and telephone number. Are you current on your post-petition domestic support obligations?
10. Have you filed all required tax returns for the past four years?

General Questions

Please note that all of these General Questions may not be asked in all cases. In many cases, we provide the Trustee much of this information before the Meeting.

11. Do you own or have any interest whatsoever in any real estate? If so, when did you purchase the property? How much did the property cost? What are the mortgages encumbering it? What do you estimate the present value of the property to be? Is that the whole value or your share? How did you arrive at that value? If not, have you ever owned the property in which you live and/or is its owner in any way related to you?
12. Have you made any transfers of any property or given any property away within the last one year period (or such longer period as applicable under state law)? If so, what did you transfer? To whom was it transferred? What did you receive in exchange? What did you do with the funds?
13. Does anyone hold property belonging to you? If so, who holds the property and what is it? What is its value?
14. Do you have a claim against anyone or any business?
15. If there are large medical debts, are the medical bills from injury?
16. Are you the plaintiff in any lawsuit? If so, what is the status of each case and who is representing you?
17. Are you entitled to life insurance proceeds or an inheritance as a result of someone’s death? If yes, please explain the details.
18. Does anyone owe you money? If yes, is the money collectible? Why haven’t you collected it? Who owes the money and where are they?
19. Have you made any payments over $600 to anyone in the past year?
20. Were federal income tax returns filed on a timely basis? When was the last return filed? Do you have copies of the federal income tax returns? At the time of the filing of your petition, were you entitled to a tax refund from the federal or state government? If so, how much?
21. Do you have a bank account, either checking or savings? If yes, In what banks and what were the balances as of the date you filed your petition?
22. When you filed your petition, did you have any cash on hand, any U.S. savings bonds, any other stocks or bonds, any certificates of deposit, or a safe deposit box in your name or in anyone else’s name?
23. Do you own an automobile? If so, what is the year, make, and value? Do you owe any money on it? Is it insured? When is the last payment due?
24. Are you the owner of any cash value life insurance policies? If yes, state the name of the company, face amount of the policy, cash surrender value, if any, and the beneficiaries.
25. Do you have any winning lottery tickets?
26. Do you anticipate that you might realize any property, cash or otherwise, as a result of a divorce or separation proceeding?
27. Have you been engaged in any business during the last six years? If yes, where and when? What happened to the assets of the business?

The Chapter 13 Trustee will also ask questions geared towards your specific case and the contents of your petition and schedules.

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Brett Weiss, a senior partner at Chung & Press, LLC, represents people and businesses in all phases of bankruptcy. He has experience in complex individual Chapter 7, Chapter 11 and Chapter 13 bankruptcy cases, and in Chapter 11 small business restructuring and reorganization. Mr. Weiss lectures nationally on bankruptcy issues. He has testified before the Federal Bankruptcy Rules Committee, the Consumer Financial Protection Bureau, and has twice testified before Congress on bankruptcy and credit issues. Brett Weiss is the co-author of Chapter 11 for Individual Debtors, and has written Not Dead Yet: Bankruptcy After BAPCPA, for the Maryland Bar Journal, as well as hundreds of blogs for the Bankruptcy Law Network. With his law partner, he recorded a 13-hour basic bankruptcy training series, and leads intensive three-day Chapter 11 training boot camps. Mr. Weiss has received international media attention in connection with his work. He was interviewed by Barbara Walters on The View, has appeared on the Today Show, Good Morning America, ABC News with Peter Jennings, the Montel Williams Show, National Public Radio, AARP-TV, the BBC World Service, German state television, and numerous local radio and television programs, and been quoted in Money magazine, The Washington Post and The Baltimore Sun, among others. Brett Weiss is the Maryland State Chair for the National Association of Consumer Bankruptcy Attorneys, a founding member of the Bankruptcy Law Network, on the board of the Maryland State Bar Consumer Bankruptcy Council, and a member of the American Bankruptcy Institute, the Bankruptcy Bar Association of Maryland, and the Civil Justice Network. He has been recognized as a “Super Lawyer” every year since 2007 for Maryland and the District of Columbia, and in 2011 received the Distinguished Service Award from the National Association of Consumer Bankruptcy Attorneys for his work on behalf of consumers across the country. Mr. Weiss is admitted to practice before Maryland and District of Columbia federal and state courts, the United States Courts of Appeals for the DC, Fourth and Eighth Circuits, The United States Tax Court, and the Supreme Court of the United States, and has been practicing law since 1983.
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