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NJ Bankruptcy Lawyer Explains A Creditor’s Right To Question A Debtor

About 30 days after the bankruptcy filing, the debtor must appear at a Meeting of Creditors’ Hearing, which is called a 341a hearing. The bankruptcy trustee asks the debtor questions to ensure that he is entitled to a discharge and whether the trustee may sell any of the debtor’s property.

Although unusual, any of the debtor’s creditors may appear and ask the debtor questions. However, the creditor will be limited in the amount of time available for questioning, as the trustee has a number of cases that he must complete in a short time period.

A creditor is entitled to question the debtor at greater length at hearing called a 2004 hearing, which is a deposition. Typically, the deposition is held at an attorney’s office, with a court reporter that records all of the debtor’s responses.

The scope of the questioning of the 341a hearing and the 2004 hearing is the same, which is as follows:

The creditors questions must relate to the acts, conduct or property, or to the financial condition of the debtor, to any matter which may effect the administration of the debtor’s estate, or to the debtor’s right to a discharge. This means that the questions must relate to virtually any aspect of the debtor’s assets, liabilities, expenses, financial situation, income, and possible bankruptcy fraud issues concerning all aspects of the above.

Robert Manchel, experienced NJ Bankruptcy Lawyer, is happy to assist you with your bankruptcy protection questions at 1 (866) 503-5655.




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