Statement of Basic Facts in a Bankruptcy Case

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 questionnaire asks basic information normally asked at a 341 hearing.

Trustee Questionaire

The trustee sends the debtor the questionnaire to save time in not having to go through each question at the creditors meeting when there may be a long list of cases.  Usually the trustee has only half an hour to go through each case on a calendar so the trustee cannot spend too much time on one case.

Statement of Basic Facts

The Statement of Basic Facts as questions like the following about the debtor:

• Marital status
• Filing status on tax returns
• Whether personally reviewed and signed the bankruptcy petition
• If information in filings are true, correct, accurate
• If listed everything owned in schedules
• If listed all creditors
• If lived in California continuously for last 2 years
• Any ownership interest in life insurance policies
• Whether filed bankruptcy before
• Whether transferred, sold, or given away anything to anyone during last year
• Does anyone owe the debtor money
• If the debtor has any secured debt
• Any winning lottery tickets
• Whether all bank accounts listed in the bankruptcy schedules
• Whether anyone holding or storing anything on debtor’s behalf

Tax Statements and Paystubs

The trustee usually requests the debtor to provide recently filed federal and state tax returns or get a tax transcript.  For privacy reasons, the debtor should redact social security numbers and names of dependents.  The filings are made public.

The trustee usually requests the debtor to provide paystubs or proof of income for last 60 days to a bankruptcy filing. 

Family Support Obligations

The trustee usually requests the debtor to provide obligations for child support or alimony.  The debtor needs to let the trustee know the names of persons receiving support payments, and documentation on the amounts like the marital settlement agreement or court order. 

The debtor may need to provide profit and loss statements if s/he owns a business. 

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.