How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 38800
Experience:  Retired (mostly)
10097515
Type Your Legal Question Here...
socrateaser is online now
A new question is answered every 9 seconds

During a 341 bankruptcy meeting the trustee asked to look through

Customer Question

During a 341 bankruptcy meeting the trustee asked to look through my bag and i refused . is he allowed to look through the bag and if not under what provision is he restricted?
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.
Hello, You raise an interesting question. I find no precedent case on the issue in any federal court decision. Bankr. Code Section 341 and Fed. R. Bankr. P. 2003 provides for the oral examination of the debtor (question and answer). There is nothing that remotely suggests that the trustee can engage in a physical search. The trustee can ask about the whereabouts of assets. If you were to admit that you have something valuable in your purse, then the trustee could instruct you to turn the item over to the trustee, because it's the property of the bankruptcy estate. Were you to refuse, the judge could get a turnover order from the bankruptcy judge. But, without going through that process, step by step, the trustee cannot, in my opinion, engage in a search of your person or possessions without a "search warrant." I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!