341 tomorrow, sudden request for more docs = panic

[currerbell]

My 341 is tomorrow morning (I'm a 7). My BK atty's office just called and said that the person who is over the trustees (i.e. NOT my trustee) called and requested the last 6 months of bank statements. Which they already have, but apparently this higher-up wants to look at them. Atty's office said they didn't know what was going on, but maybe it is because I am a self-employed sole prop. My P&L statements I furnished are accurate, perhaps they just think I should be making more money? I don't know. Generally my jurisdiction is and in-and-out in five minutes 341. So now I am completely freaked out. Maybe she thinks I should be 13? I have NO assets - believe me, I would have preferred 13. Anyone ever have this happen?

[tay666]

Calm down.
Sounds like the US Trustee might be doing a random audit.
If that is the case, it is nothing in your case that triggered it.
It's just random luck of the draw.
They are required to audit "X" percent of BK cases.
The audit usually involves a little farther look into your financials, but that is it.

Take a deep breath.
You filled out your paperwork honestly, right.
Your lawyer told you everything looked good, right.

So, don't worry about turning in a few more records.
Save your worrying for if/when you have something substantial to worry about.

[keptdigging]

I have no actual knowledge but this sounds pretty routine... checking 6 months of bank statements is the most cursory verification you can do on a self-employed.

[currerbell]

Well, I am back from my dreaded 341. I made sure to give myself plenty of time to get there, as I tend to get lost - which was a good thing, as not only did I get lost, but I had a blowout on the highway. Thankfully, it happened right across the street from an automotive shop and the nice fellows that worked there took pity on my small female self and got my car off the road, calmed me down, put a cup of coffee in my hand, and changed the tire for me. I got back on the road and made it to the courthouse with a few minutes to spare.

As mentioned previously, I knew there was something going on with my case. Sure enough, the head person (?) was sitting in on my meeting by video. My trustee started with the standard questions (child support obligations, property ownership, etc), then asked why my husband wasn't filing. She next asked what was the most valuable item in my home, my attorney intervened and said our fridge. Trustee then asked: "If I offered you $500 for everything in your home, would you take it?" And I said no. That question seemed odd to me.

Then the other person started asking questions about my husband's job. Then she asked me about my work. Then she started talking to my attorney and it became clear that the reason she was involved was because somehow a necessary attachment had not made it in the filing. My attorney said he would correct it later today and asked if she needed to continue the hearing. My heart sank. She then said, no, it would *probably* be okay, but until he corrected the petition, she couldn't issue a finding that the presumption did not arise.

Both the Trustee and the other (super?) trustee seemed to feel that I should be making more money - I couldn't agree more, but I am not and they did not give me the chance to explain WHY. I felt like the tone was fairly adversarial - I understand that it is their position to evaluate and weed out fraud, and I certainly wasn't expecting a parade of rainbows and kittens, but still. And obviously I was pretty on edge and not too thrilled that my atty had messed up the filings - I'm not angry about it, mistakes happen, but I was really looking forward to getting the all clear.

I did feel like I was being scrutinized without being given a chance to explain. It was more of 'you should be making more money so we think you kind of suck' than 'what happened to put you in this position?' I now understand why so many legal clients are frustrated because they feel like they never get to give their side of the story.

Anyhow, I'll post an update when I get confirmation from my atty that the corrections have been made and the meeting is officially over. Good luck to everyone else out there - and make sure you have a spare tire!

[kartoons19]

Sorry to hear about your 341 and a flat tire on top of that! At least it wasn't continued and hopefully once your attorney sends in the corrections, it will be all straightened out. That is frustrating not to be able to tell your side. It's like why do they ask a question if they are not going to bother listening to an answer. At least that part is over, and now hopefully is just 60 days of quiet before a discharge. Good luck to you.

[BobWang]

Remember that the Trustee is NOT your friend in a BK......

[tay666]

I did feel like I was being scrutinized without being given a chance to explain. It was more of 'you should be making more money so we think you kind of suck' than 'what happened to put you in this position?'

No, it was more than likely, "you should be making more money" so they would have something to distribute to the creditors (and themselves)

I am sure that there are plenty of business owners who tiy to hide assets by saying they aren't making much when they actually are.
So that means the trustees see that as a red flag when they go over the documents.
Since you honestly are not making that much, you should be just fine.


Just keep reminding yourself about how good it will all be when it is finally over.

[empowered]

Hi currerbell.

I'm so sorry to hear that this haven't been resolved. Sit tight. Hopefully if the questions are answered they'll move on.

If you feel comfortable saying, I'm sure that others besides myself are curious about the district this occurred in.

Take care of yourself and try not to stress out over this.

Best.

[cantbreathe]

Hello currerbell,

Sorry about the flat tire on the way to court! Talk about lousy timing for car trouble! I will keep this in mind and leave plenty early as we have a little bit of a drive.

Please keep us updated. It sounds like unnecessary roughness to me but I want "a parade of rainbows and kittens" LOL I had to laugh at that.

Best Wishes

[currerbell]

Hey all - thanks for the kind comments and support. Amended docs were filed last week and my report of no distribution/no assets was docketed by the Trustee in PACER today. So, count me in the 60 day club!

I wanted to add one more comment about dress. Seems to me your best bet is to be clean and conservatively dressed. I wore a knee-length cotton skirt and top with a cardigan and simple flats; I had to change after my toddler flung oatmeal at me. If you have costly looking accoutrements, be prepared to be called on them. My attorney commented on how my purse was "too nice" - note that this was a four-year-old purse from Target that cost $25. I don't wear fancy jewelry in general, but I have heard stories about women getting questioned about whether gems were real or costume.

[ccsjoe]

Good to hear you've joined the club. See you there hopefully in a month

[empowered]

Hi currerbell. What a relief that must be. Congratulations.

BTW, does anyone know how likely it is to have such a request? I'm using a P.O. Box a ways from my house for all of these communications am only able to get to it once a week or so as I wait for my own 341. I would imagine that if you're pro se, for last-minute requests they might indeed call. Basically, I'm thinking that if they send me a request the day before my hearing they probably can't fault me for not having time to act on it. But I checked the box this morning and there was nothing in it from the trustee -- just more mail from people who want to lend me money at excessive rates after discharge.

Thanks.

[kartoons19]

Congratulations!!!!

[currerbell]

Empowered - if you are concerned, maybe just call the trustee? My atty said the request was "last minute" - but I suspect the atty may have let the request sit 'til the last minute. Kind of like how the server always blames the kitchen when your food is slow. Best to you...

[edited to add] I was a server for many, many years - so perhaps this was my karmic kickback for blaming the kitchen.

[empowered]

Hi currerbell. Thanks. I didn't think I had the trustee phone number but in looking for my case number yesterday (checking Pacer) I see that I did.

I think I will call them a few days before the hearing to confirm that everything is in good stead.

Thanks.