Bankruptcy Document Request

When someone files a Chapter 7 bankruptcy case in US Bankruptcy Court, Northern District of California, the trustee may send the debtor a bankruptcy questionnaire and document request form to complete.  The debtor must fill out the form and sign his/her name.  The debtor returns the questionnaire to the trustee at the 341 hearing or 7 days prior to the hearing. 

The court in Oakland is located at 1300 Clay Street, a few blocks walking distance from the BART station in downtown Oakland.  The meeting of creditors is usually held across the street at 1301 Clay Street.  The trustee is usually self employed, and not an employee of the court or US Trustee’s office.  The trustee’s address may be PO Box.  The trustee may be an attorney, accountant, or other professional.

A debtor has a duty to cooperate with the trustee assigned to the case.  The trustee examines a debtor’s financial affairs.  To do this exam, the trustee needs certain documents like bank statements and tax returns.

The debtor’s answers to the trustee’s questionnaire and document requests must true, complete, accurate.  If the debtor makes mistakes in bankruptcy documents, s/he must correct the mistakes with the trustee immediately.  It is a federal crime to intentionally give false or misleading information and testimony to a trustee.  At the creditors meeting, the debtor needs to stand in front of the trustee and swear to tell the truth.

Once a person files bankruptcy, his/her property is referred to as the bankruptcy estate.  The trustee is responsible to administer the property before the case closes.  The debtor may continue to use the property, but the trustee may take the property to sell to pay off creditors. 

At a 341 hearing, the trustee may ask if anyone has died in the debtor’s family.  The debtor is required to tell the trustee any inheritance s/he may be entitled to within 180 days of the petition filing.  Unless a case closes, a debtor is not able to sell, refinance, or encumber further his/her property, even if the property is claimed exempt or the debtor received a discharge.  Encumber means to go out and get loans.

No completing the trustee’s questionnaire or document request, or not attending a 341 hearing could result in a case dismissal.  When a case gets dismissed, the debtor goes back to the position s/he was in before filing bankruptcy.  The automatic stay gets lifted, and creditors can go after him/her.

Rinne Legal helps people with bankruptcies, estate planning, and loan modifications in Contra Costa County, Sacramento County and Solano County. Rinne Legal has offices in Walnut Creek, Fairfield, Sacramento and Elk Grove. Contact Rinne Legal for a free consultation.  These blog posts are for informational purposes only and not intended nor should be construed as legal advice.  These blog posts may be considered attorney advertising in some states. Prior results described on blog posts do not guarantee similar outcomes in future cases.  There is no intent to create an attorney-client privilege or relationship with anyone accessing information on this blog.  Authors posting on this blog are not obligated to reply to any emails seeking legal advice.  The information contained on this blog is not intended to be a solicitation.