Regardless of which chapter of bankruptcy you file, you will need to attend a debtor’s exam with your assigned trustee (also known as your 341 Meeting of Creditors). This is a requirement of the bankruptcy code and will be under oath.

This meeting will usually take place 4-6 weeks after your case is filed. You will not meet with your judge, and you generally will not need to bring a lot of paperwork, if any. At least a week before the meeting, you should have provided your trustee with the required tax returns. Photo ID and proof of social security number are required at the meeting.

While a Chapter 13 exam is a bit more complicated and time-consuming than a Chapter 7 exam, neither takes long. An exam usually lasts between 5 and 10 minutes, and some take even less or more. It is also an opportunity for creditors to question the debtor, although in the typical case, creditors do not appear.

Some of the trustees’ questions are routine and given to all debtors, while others are specific to your case. Typical questions debtors can expect to hear include:

1. Did you read and sign your petition and attachments before you signed them, and did your attorney review them with you? Are they true and correct?

2. Is all the information still true and correct or are there any changes?

3. Do you understand that while you are under Chapter 13 you cannot incur any new debt or buy or sell any property without the permission of the Court?

4. Do you have any claim against anyone or right to sue someone? Do you understand that while you are in bankruptcy, you must tell your attorney about any claims you have against third parties, even if they arise after your case has been filed?

5. What motivated you to file this case?

6. Do you owe any taxes to the IRS or State Department of Revenue?

7. Do you participate in a 401(k) or other retirement program? If so, do you currently contribute to this program? Do you have any loans against the funds?

8. Do you pay or receive child support? If you pay, do the creditor’s name, mailing address, address, and phone number appear on your schedules? Have you made all child support/alimony payments that are due since this case was filed?

9. Do you have student loans? If so, what is its status (deferral, default, etc.)?

10. Does anyone owe you money?

11. Do you have any credit cards, either with you or at home?

12. Are you expecting or entitled to an inheritance?

Questions that are specific to your case will focus on things like the following (note that this list is not exhaustive):

1. How did you arrive at the value of your home?

2. Describe the value received for any transfer of ownership in the previous two years.

3. How much money was garnished or offset from your bank account in the 90 days prior to filing?

4. Describe the nature of a particular asset you own that you cannot exempt

5. Please provide details of any gifts you have given in the last year that are over $200.

At the end of the meeting, the trustee will give you a list of things that need to be corrected before confirmation if you are a chapter 13. If you are a chapter 7, the trustee may ask you to fill in additional information or bring the meeting to a close.

No matter what chapter you are in, there will be additional things you need to do after the hearing. Filing a certificate of financial management, filing reaffirmation agreements and/or motions to avoid liens, or trading in a car are just the bare minimum things that still need to be done.