Bankruptcy Trustee FAQs

What is the role of a Chapter 7 bankruptcy trustee?

A Chapter 7 bankruptcy trustee is a person, appointed by the United States Department of Justice, Office of the United States Trustee, to administer Chapter 7 bankruptcy cases, including individual and corporate cases.

The bankruptcy trustee is responsible for reviewing the financial circumstances of each bankruptcy debtor, determining whether or not assets exist for the benefit of creditors, and if assets exist, collecting and liquidating the assets for the benefit of the creditors. The trustee will conduct an investigation as to the truth and accuracy of the debtor’s disclosures, by requesting and reviewing documents, asking questions at the §341 Meeting of Creditors, conducting home and business visits, and other methods of investigation.

Should the trustee, in the course of her investigation, discover improper, illegal, dishonest or fraudulent conduct or statements by any debtor or any other party in a bankruptcy matter, such person may be referred to the Office of the United States Trustee for criminal or other prosecution.

What can I expect at the §341 Meeting of Creditors?

The § 341 Meeting of Creditors is conducted by the trustee at the Claude Pepper Federal Building located at 51 SW First Avenue in Room 102, Miami, Florida 33130. You will need to go through a security check when entering the building and will need to have a photo id. You may not bring any cellular phones, cameras, weapons or liquids into the building. On the bulletin board outside of Room 102, there is a listing of the name and time of each scheduled meeting with the trustee. Check to make sure your name is on the list. The trustee will be recording all proceedings. There is no talking or noise permitted in the room. No food or drinks are permitted in the room.

What will be expected of the debtor at the §341 Meeting of Creditors?

Each debtor must:

1. Read the green-colored information sheet
2. Complete the gold-colored paper regarding domestic support obligations
3. Have the following in your hand

A. An original issued picture identification (acceptable forms are as follows)

1. Valid State Driver’s License
2. Government ID
3. State Issued ID
4. Student ID
5. U.S. Passport
6. Military ID
7. Resident Alien Card

B. Original proof of Social Security Number (acceptable forms are as follows)

1. Social Security Card (no photocopies)
2. Medical Insurance card that indicates Debtor’s Social Security Number
3. Paycheck stub that indicates the Debtor’s Social Security Number
4. W-2 Form or a 1099 IRS Form
5. Letter from the Social Security Administration indicating the Debtor’s Social Security Number

What documents must I provide to the trustee?

The trustee has a standard document request for every case. These documents must be provided to the trustee at least 10 days prior to your scheduled § 341 Meeting of Creditors. If the trustee does not receive the documents on time or the documents are incomplete, the trustee may continue your case or recommend dismissal of your case.