Required Tax Returns & Trustee Hearing

The information gathered during a complete Fresh Start SC consultation allows us to provide to the bankruptcy court all of the information required by law in a Bankruptcy case.  Rule 1007. Lists, Schedules and Statements; Time Limits (See also 11 U.S.C. § 521. Debtor’s duties)

Additionally, certain things must be provided, or available, to the bankruptcy trustee. Rule 4002. Duties of Debtor (See also 11 U.S.C. § 1308. Filing of prepetition tax returns.)

Tax returns.

At least 7 days before the first date set for the meeting of creditors under § 341, the debtor shall provide to the trustee a copy of the debtor’s federal income tax return for the most recent tax year ending immediately before the commencement of the case and for which a return was filed, including any attachments, or a transcript of the tax return, or provide a written statement that the documentation does not exist.

Affidavit-of-Exemption-from-Filing-Taxes

Thirty days from the date of the filing of your petition, you will have a hearing at the Bankruptcy Court in Spartanburg.  You will be asked questions by the trustee of your case.

You Must Bring a picture ID and Social Security card to your Sec. 341 “Meeting of the Creditors”; You must provide your tax returns and any other requested information at least ten days before your 341.
(Watch a Video by Clicking Here: What to Expect at a 341 Meeting.)

SAMPLE HEARING QUESTIONS

  • When you attend the meeting of creditors (also known as the 341 hearing), the trustee will ask you certain questions under oath. You need to simply give him/her the most accurate answers that you can.  If you do not know the answer, simply say so. You have nothing to hide. The following are sample questions the trustees routinely ask in every case:
  • Have you read the bankruptcy Information sheet provided by the United States trustee’s office?
  • Are you personally familiar with the information contained in the petition, schedules, and other related documents filed with the court7
  • Did you read and sign the petition, schedule, statements, and related documents filed with your attorney?
  • To the best of your knowledge, is the information contained in the documents true and correct?
  • Did you list all of your assets? All of your creditors / liabilities?
  • Are there any errors or omissions you need to bring to the trustee’s attention at this time.  Is there anything that you need to change?
  • Have you ever filed bankruptcy before?
  • What year did you buy your home? How much did you pay for it? Do you remember the purchase price? Have you had any appraisals on the property? What do you think it is worth?
  • What is the address of your present employer?
  • Do you have any domestic support obligations?
  • Have you transferred any property to a family member in the past six years?
  • Have you sold or transferred anything of value in the past six years?
  • Have you filed with the court all payment advices (paystubs) received within the 60 days prior to fling bankruptcy?
  • Did you tell your attorney about all of your sources of income received during the six months prior to filing bankruptcy?
  • Did that include any unusual sources of income during the past six months, such as inheritance, lottery winnings, insurance proceeds, retirement, or settlement of a Worker’s Compensation claim or lawsuit?
  •  Have you filed all of your tax returns?
  • Do you expect to get a tax refund for the last tax year, or the present tax year?
  •  Do you have anyone who lives with you that contributes to your household expenses?
  • How many people are in your household?
  • Did you pay for your pre-filing counseling certificate? If so, how much? (no more than $50)
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