341 gone bad - any actually seen?

[cashforever]

I have read several posts about how everyones 341 hearing has gone great. Easy, very few questions and quick. All of which makes me very happy and hopeful that ours will be the same. I can't think of any reason why ours wouldn't be easy.

I am just wondering if anyone has either had, or seen, a 341 hearing go bad and if so what were the circumstances?

[MSbklawyer]

The worst one I ever had was when my client got arrested. This guy made three mistakes:

Mistake number 1 was rubbing his X wife's face in it by driving around the small town he lived in with his new "hot young thing" in a convertable he had bought for her where the X wife would be sure to see them together. Like driving right by her house. And waving. And honking the horn. On multiple occasions.

Mistake number 2 was not clearing up an out-of-state warrant for public intoxication when he got silly after a fishing trip down in Venice, Louisiana. What would have otherwise been a fairly minor offense got really serious when he didn't show up for court and the judge issued a bench warrant for his arrest.

Mistake number 3 was telling his X wife about the existence of said warrant while she was still a wife and before she became an X wife.

Well, with a little help from the now-X-wife, all three of these mistakes came together in the perfect storm that popped up right over his head at the 341 meeting. See, X wife informed the out-of-state authorities right where he would be, down to the day, the time and the room number, of his 341 meeting. They issued a writ of extradition for the guy. It was too easy.

My first clue that something was wrong was when three BIG sheriff's deputies, one with cuffs in his hands, started moving in closer and closer to us as his meeting was coming to an end. It was obvious that one of us was about to get arrested and neither of us was really sure which one of us it was. I was looking at my client -- my client was looking at me -- and we were both like -- why are they about to arrest you? I didn't think I had done anything, but they sure seemed to be looking at me hard. At the conclusion of his meeting . . . yes, they were nice enough to let us finish . . . they cuffed him and took him away and put him on a bus to south Louisiana to face the judge he had so rudely ignored. Needless to say it made my other clients in the room who witnessed all this a bit uneasy because they had no idea why he was being arrested and thought I had done something wrong to cause him to get arrested.

[kartoons19]

I saw three cases go bad, but when I say that I mean that the debtors weren't prepared or they didn't answer the questions fully and more action needed to be taken. The trustee also asked more questions especially when the debtor was vague with their answers. From what I saw, they all had to submit amendments or other supplemental documents, otherwise their case would be dismiss. So in the end, everything may be fine.

I know my trustee would not accept a SS card if it wasn't laminated. So he said right off, if you don't have any other proof of SS, like a W-4 then you'll need to reschedule.

Frankly, I think it is hard for a case to be dismissed unless the trustee catches the debtor lying or if they don't show. Even if someone doesn't have all of the paperwork, they still have a chance to resubmit or add the forms that are needed. This is at least what I noticed.

[depeche3]

Yesterday at my 341 TWO people in my time bracket did not show up. The trustee immediately said DISMISSED.......

[wonderingrov]

I saw 2 that made me raise my eyebrows the day I had mine. In one case, a lady had a $5,600 loan against her insurance policy of $25,000. The trustee had asked her what the value of the policy was, and she said $5,600. So, he rephrased the question "so the amount someone would get if you passed away is $5,600?" She him-hawed around a couple of minutes, and her lawyer interjected - "don't you mean $25,000?" The trustee gave the lawyer a wary look and said - I'm going to need to reset this - make sure you get me documentation of what the value is before next month."

In the 2nd case, the trustee asked if all the information given to the lawyer for completion of the petition was correct - the debtor said yes. Then the trustee asked a couple of specific questions about the petition, and the debtor said - wait, none of this information sounds right. The trustee looked at the lawyer and said "_________, what did I tell you about this last month? Now get the petition amended to reflect the correct amount, and I'll obviously need to reset this."

I was glad I had a good lawyer when I had mine! Note: Most of the 341's that day went as smoothly as mine. These two were the only ones I saw with any problems at all.

[cashforever]

Well we certainly don't have any warrants we need to worry about and our lawyer is pretty on the ball so we're not too worried about that either. All of our stuff is pretty simple and straight forward. It was just after reading so many stories of peoples 341 experiences (which have all been pretty positive and reassuring for us) and reading about some couple or person who was answering evasively or was standing there all adorned in expensive jewelry and was trying to explain how they had just sold a car to a family member for 300 dollars or something it got us to wondering if anyone had actually seen a case where the trustee basically said nope, I'm not going to let you file or anything along those lines.