Dear experts,
My friend just filed chapter 7 bankruptcy in Los Angeles, central district court. The 341 meeting is in two weeks. The trustee is Brad Krasnoff. However, my friend does not speak much English. My questions are:
1. Does my friend have to bring an interpreter to the meeting?
2. Or, the trustee will provide an interpreter?
3. Who can be the interpreter? Any adult? His son, his wife, or his friend?
Your friend can bring an interpreter to the meeting or can use a free telephone translation service at the meeting that the U.S. Trustee's Office provides. If your friend brings an interpreter, it cannot be a family member or relative. Must be an independent third party.
The purpose of a 341 hearing is for trustee and creditors to get information. If your friend cannot understand the questions he cannot provide answers. That is not his problem. Worst that happens is they continue hearing and he has to come back. If he wants to avoid another trip, let the trustee know about the problem and let him decide if he wants to hire an interpreter or rely on a friend or relative.
Two options. One, he may bring his own interpreter. That interpreter may not be: a family member or an employee of the debtor's attorney. Some trustees do not even allow a friend but the one you mentioned is usually ok about this. Two, you tell the trustee you need an interpreter and they use a telephone translation service which works well, and that way you don't have to drag anyone downtown. Just tell the trustee you'll need to use it beforehand and you'll be all set.
Todd Mannis, Esq.
Calabasas, California
www.mannislaw.com
The policy on an interpreter varies somewhat throughout the US but the policy has been to use an independent court translation service to interpret rather than to allow the person to bring their own translator. To be on the safe side, someone should contact the office of the US Trustee for information on the policy for obtaining an interpreter at the 341.
Back in the day, attorneys used to arrange for an interpreter for their clients. One day I was sitting in court when I noticed that an interpreter (who was an attorney's "paralegal") was not accurately interpreting the answers that the client was giving. In fact, the interpreter was giving answers based on her understanding of what was going on in the case, not what the client said. So unfortunately, as an officer of the court, I had to point this out to the Trustee. What a disaster!
Hope this perspective helps!
