What To Expect At Your Telephone Trustee Hearing

Both Chapter 7 & 13 bankruptcies requires a meeting with the Trustee assigned to your case.  Since COVID the 341 hearings for both chapters has been done by telephone.  It appears this will continue into the future.

The hearing in both chapters is primarily to confirm the accuracy of the information you have submitted to the court through the bankruptcy petition prepared and reviewed with your attorney also by phone.  You will be placed under oath to confirm the information is truste and correct.

Here are the general steps to anticipate:

1) Call into the hearing conference call at least 10 minutes prior to the hearing time and MUTE YOUR PHONE until you are called.  Please see the page on what to do before the hearing.

2) If our office or the trustee’s office requests you complete a questionnaire please complete it and return it to our office electronically at least 7 days prior to the hearing.

3) When your name is called you will unmute your phone and let the trustee know you are online. 

4) Each trustee has a different protocol, some will swear you in, others will just state that your testimony is under oath.

5) Your attorney will state that he/she has verified your identity and social security number and answer any legal questions.

6) The trustee will ask if you have read the “Bankruptcy Information Sheet” and understand it.  This sheet was provided to you online, you also signed it as part of your retainer package, and it was included in your copy of the petition.  So your answer to that question should be a definite “YES”.

7) The trustee’s focus and questions are to confirm that the information included in your bankruptcy petition is true, accurate, and complete.  If you realize you forgot anything at anytime, notify your attorney promptly. 

8) After the trustee review the information with you, he/she will indicate whether they have all the information needed and conclude (end) the hearing.  If the trustee requires additional information they can adjourn the telephone hearing to a date in the future to allow time to receive this information.  If the requested information is received prior to the adjourned date you may not need to return for the continued hearing.  Assume you have to appear at any adjourned hearing unless you are told otherwise by your attorney.

9) Once the trustee indicates the hearing has ended you may hang up.