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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 38910
Experience:  Retired (mostly)
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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: 2 years ago.
Category: Legal
Expert:  socrateaser replied 2 years 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!