341 = bad!!!!

[despritfreya]

Come on. Your attorney really didn't say that over a avoidable transfer?

JB,

Once in a while this could be good advice. If debtor is looking at a criminal referral and has alternatives outside the Country (extradition for bk fraud on the low end of the radar). . .

Had one client who was going to move to France (lots of family there) but got him to stick it out and were able to work out all issues.

Des.

[justbroke]

Okay, I can see where there is fraud or something criminal, but not on a common "avoidable" transfer. The poster did not lead me to believe that there was any criminality, only that there were some avoidance issues. I apologize for not reading between the lines.

[Benchracer52]

Come on. Your attorney really didn't say that over a avoidable transfer?

Not sure what an avoidable transfer is.

The problem is I have almost no paperwork for any of my business dealings for the last 4 years and the attorney says I am in big trouble over it.

Example - I sold a small trailer - under 4000# so there is no title in ohio - to a customer in 2008 - the guy is still running my plates on it so he does not have to take it and weigh it.

I sold a pickup in 2008 for $18,000.00 cash to pay some old bills. We put $1000 on the title to save the guy on sales tax.

He is worried that any way you look at it a me and some of my old customers will be in BIG trouble due to my horrible paperwork.

I cannot undo what I have done - I am at their mercy at this point - and terrified.

[frogger]

He is worried that any way you look at it a me and some of my old customers will be in BIG trouble due to my horrible paperwork.

I cannot undo what I have done - I am at their mercy at this point - and terrified.

You pay for your lawyer to worry, so let him do that. As to you and some of your old customers being in BIG trouble, there is nothing that can't be worked out and resolved as long as you are honest and willing to do whatever it takes to correct things.

You are right that you can not undo, you are at their mercy, so perhaps you just need to throw yourself on the mercy of the courts? You will find that most of the courts, judges, trustees, etc. can be understanding provided that you are honest with them. Everyone makes mistakes, and as long as you are willing to man up to them, mistakes can be rectified.

[despritfreya]

Once again, I have to agree with Frogger.

The reality is that you are not the first person (or the last) to have operated a business in less than stellar form. Based upon your experiences with this process you probably won't make the same mistakes again.

In the end it will all work out and you should not be "terrified". Nothing you have stated causes me concern over and above the typical "you will have to buy your right to a discharge". If you have a good attorney he/she will do the damage control that is needed to get you through this. I see nothing criminal as it relates to the bk therefore skipping the Country should not be an option and, my guess is that your attorney’s comment was an “off the cuff” poor attempt at humor - not realizing how upset you were.

Des.

[Benchracer52]

Headed out for my second 341 meeting this morning - I have an attorney this time but other then the correct amendments I dont see that he will be much help in my situation.

[LadyinAL]

Headed out for my second 341 meeting this morning - I have an attorney this time but other then the correct amendments I dont see that he will be much help in my situation.

Good Luck! Keep positive thoughts it will all work out for you.

[Benchracer52]

Holy Crap. It lasted less then a minute.

[nsupanda]

Wow! So are you all good now?

[Benchracer52]

I have no idea - there are so many loose ends

[angles]

that's pretty extreem if the attorny agrees with you to move out of the country.

[Benchracer52]

Just checked Pacer - The trustee posted the results from the 341 and listed it as a no asset case. I am still getting several calls a day from creditors. 39 days to the discharge deadline. The stress of it all is bad but as the attorney advised me - lay low and dont make any waves.

[sunshinepa]

Just checked Pacer - The trustee posted the results from the 341 and listed it as a no asset case. I am still getting several calls a day from creditors. 39 days to the discharge deadline. The stress of it all is bad but as the attorney advised me - lay low and dont make any waves.

The no asset is great. Just chill like your attorney said. If there is any other trouble brewing, he will be notified. Hang in there!

[drowning123]

I just read all these posts. How intriguing. A light at the end of the tunnel for Benchracer. Way to go.

[Benchracer52]

34 days to go. Capitol One hired a large collection law firm who my attorney said is very aggressive. They are the ones that showed up at the first 341 meeting. They are still contacting me daily. Just recieved a letter from them on Saturday stating - They intend to trace the assets to whereever they were fraudualently transfered or displaced.

I would be VERY surprised if they didnt file something to cause me more grief.