I'm a nervous wreck trying to get through chp 7. I met with trustee today and went through all the questions, etc. I realized later that I had given the wrong answer to the last question. What do I do? I'm scared to death. Will I go to jail?? my husband and I were separated. He passed. I received some insurance money. But when the trustee asked if there was any insurance I said no. I wasn't even thinking. I've been trying to keep my husband out of my mind, it was such a bad marriage. What do I do?
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Did you file through an attorney? If so, then contact your attorney immediately. I don't have a solution for you if you don't have an attorney. If you filed Pro Se, then you may want to contact the Trustee and let them know that you made a mistake and disclose the amount. Was the money already spent? is there any left? That's what the Trustee was trying to find. If it has been long spent and gone, then it won't really be an issue, as far as I know.
Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt. -
Thank you, justbroke, I'm just so scared what the attorney will say, and the trustee. I'm 70 years old and I can't take the stress anymore, it's killing me.Comment
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Please relax (I know... easier said than done). You are an honest person and the fact that you are worried means you didn't intend to confuse the Trustee. It was simply an error. After you get through the 341 Meeting you should relax because there is not much else to this whole thing. It's really just waiting around for the 60 days. People get nervous because they don't hear anything. Not hearing anything is a GOOD THING!
Your attorney will likely contact the Trustee and let them know the details. If there's nothing left OR there is a remainder and it can be exempted under the law, then your attorney will update your paperwork.
Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.Comment
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Justbroke. There's nothing left, but I could try to scrap it up somehow, I just don't want to have to start over, or be dismissed, or go to jail.Comment
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You won't go to jail. If you spent it before you filed bk, the insurance is not an issue. But, you should tell your attorney so he can decide whether to correct your mistatement. Don't be afraid to tell your attorney. It is his job to protect you and he can't protect you from something he doesn't know about.LadyInTheRed is in the black!
Filed Chap 13 April 2010. Discharged May 2015.
$143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!Comment
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I am going to tell attorney tomorrow. But it was after the BK.Comment
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Emotionally I'm a wreck, but I thank you all for responding to me. I'll have to wait to see what my attorney says tomorrow.Comment
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It will work out. If you don't have exemptions to cover the insurance proceeds, you may have to pay the money back to the trustee. It will definitely be better if your attorney tells the trustee instead of the trustee somehow finding out about it himself.
Sending you big hugs! Please let us know how it goes.LadyInTheRed is in the black!
Filed Chap 13 April 2010. Discharged May 2015.
$143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!Comment
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Thank you for the hugs, I so need them. I couldn't talk to my lawyer, he's busy all day. I talked to the secretary and left a copy. She said she'd tell him and he'd figure out what to do and call me. I don't think I'm going to live through this. My heart is pounding hard constantly.Comment
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Everyone feels anxious and stressed when we decide to do something about our finances. Please do not make yourself so sick that you develop more problems !! You will not go to jail, everything will work out. We have all been there. PLEASE Be KIND TO YOURSELF !! This too shall pass.Comment
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Thank you, Pansyface, I'm already sick over this. Has anyone else made such a stupid mistake??? Probably no. The stress is overwhelming. I haven't heard anything from my lawyer. I appreciate everyone caring enough to email me, I really do.Comment
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Stella, we've all made stupid mistakes. I suspect the conversation between attorney and trustee will go something like this:
ATTORNEY: Mr. Trustee, in regards to my client Stella, during the 341 meeting she was nervous and answered a question backwards.
TRUSTEE: Oh? What question?
ATTORNEY: The question about insurance. When her husband died, there was an insurance policy of $xx.
TRUSTEE: Why did she say there was no insurance?
ATTORNEY: She was nervous, Mr. Trustee. It had been a bad marriage, she was separated and 70 years old! She was trying to put the badness behind her and move forward. Then she had to file her bankruptcy, and this process scares her.
TRUSTEE: What happened to the money?
ATTORNEY: She spent it for while trying to stay current on her bills.
TRUSTEE: I understand. Please make sure the forms are correct.
Don't worry!Comment
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Thank you, Vandervecken! You had me laughing my head off!Comment
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I am so sorry, I thought I had sent this email yesterday but don't see it here. The lawyer emailed me: he said I did well at the trustee meeting, that he saw the statement I left at his office, but it's not a problem because the insurance was related to chapter 13 and not the 7.....they converted me from 13 to 7.....so there would be no problem at all!! He didn't mention talking to the trustee so I don't know if he did or not.
So much relief! I went to DQ and just about ODed on ice cream.
TWO MONTHS AND TWO WEEKS TO GO!
Thank you all for your kind words and advice, hugs to you all!Comment
Bankruptcy Wizard
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