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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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During the exam they have for the debtor whos claiming I forget

Resolved Question:

During the exam they have for the debtor whos claiming I forget what they call it but she must show. Can i ask her any questions? My reason for asking is I can prove she had no intention to pay but I also want to enyter into evidence her conviction for theft of which she was forced by the court to make restitution. This could be a pattern?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 6 years ago.

Hi again,

Thank you for requesting me!

You are allowed to ask the debtor questions during the 341 Creditors' Meeting. However, the Meeting is not the time to attempt to prove the debtor had no intention of paying when the money was borrowed. This is something that will have to be proved at a Motion to Determine Dischargability of a Debt.

However, you can use the information gathered at the Creditors' Meeting to help prove the debt is non-dischargable because it was fraudulently obtained, since the debtor had no intention of paying.


I think this is what you wanted to know. If not, please let me know.

Thank you!

cfortunato and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.
Ok thank you.

SO at the Creditors meeting i can ask any questions that will give me the answers i need to put into my motion correct?
Expert:  cfortunato replied 6 years ago.
Thank you for accepting my answer!
Yes - you can ask the debtor questions, which she will be answering under oath. You can then use the answers to those questions to help support your motion to have the debt deemed fraudulent (because there was no intention to repay it), and therefore non-dischargable.