« Each Spouse Wants To Protect Entireties Asset In Their Joint Chapter 7 Bankruptcy | Main | Chapter 13 Debtor Can Cram Down Investment Mortgage Using Balloon Payoff At Plan's End »

Posted on November 15, 2009 by Jonathan Alper

The Best Trustee Question, Ever

Picture this. I’m sitting with a bankruptcy client at a typical trustee meeting. It’s a normal Chapter 7 bankruptcy, and I don’t expect any issues. As soon as the Trustee finishes his usually opening questions and comments he ask the following question:

Trustee: "Mr. Debtor, what is the most valuable thing you own?"

I’m thinking, "what a great question!" The debtor will probably respond that his most valuable asset is something like a piece of jewelry, or an heirloom ,or some artwork which was not put on his bankruptcy schedules. I think my client is about to get himself in trouble.

The debtor is silent. He’s obviously surprised by the question, as am I.

I open my file, find Schedule B of the Petition ( the personal property list), shove the list in front of my client, and say, "Here’s your list of possessions- pick one."

The Trustee quickly retorts. "Maybe his possession is not on the list."

I respond, "I’m sure that it is." (hopefully, the exchange will buy time for my client).

The client thinks some more. Then he answers. "I’d have to say it’s my picture of all my grandchildren."

I say, "Great answer" (Its a great answer because the picture is worhless to anyone but the client, and the picture is not the type of thing listed on a bankruptcy petition).

The trustee says, "That is a good answer."

The meeting continues without incident. That was the best Trustee question I’ve ever heard.

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83452da7f69e2012875a6264c970c

Listed below are links to weblogs that reference The Best Trustee Question, Ever:

Comments

Jonathan,

A great blog post. Hope you don't mind - I tweeted it and posted it my firm's Facebook page.

Bill McLeod
McLeod Law Offices, PC
Boston

I love this.

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Working...
Your comment could not be posted. Error type:
Your comment has been saved. Comments are moderated and will not appear until approved by the author. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.

Working...

Post a comment

Comments are moderated, and will not appear until the author has approved them.