questions about 341

[butterfly199]

I recently filed, but I have some questions that I probably should have looked into beforehand.

First, if my financials raise any concerns, should I just skip the 341? Does this usually lead to a dismissal? I don't have any non-exempt assets.

Second, if my mom paid part of the bankruptcy lawyer's fee, does that cause concern? It was considered a gift, but I don't know how courts will view it.

I've talked to my lawyer and he says I'm fine, but I don't know if I should trust the lawyer.

[justbroke]

I would not skip a Chapter 7 341 meeting if you have assets. The Trustee could decide to proceed without you. Receiving a gift to pay for your lawyer's fee wouldn't be much of an issue, if any. I'm not even sure if the Chapter 7 Trustee would ask about where you obtained money in order to file. So long as it wasn't a "loan" from your parent, it shouldn't be an issue even if you did disclose that fact.

Since you have an attorney, you may want to trust your attorney. I'm sure the Trustee will ask how you ended up in Bankruptcy and your attorney should be able to give you a preview of what questions may be asked. While some of your "transactions" may cause the Trustee to ask about the nature of those transactions, so long as they are above board should cause no major concern.

As you wrote, you have an attorney so that is a plus.

Welcome to BKForum.

[butterfly199]

Thanks for your response.

The only assets I have are a car (paid off worth about $3k based on Edmunds) and household goods like mattress, phone, computer, etc.

The thing is that I'm unemployed and only do gig work, but I've had expenses for daily fantasy ($300 over the past 5 months) and stuff like that in the past few months. I'm just wondering if this will be questioned and lead to more questions.

The reason I filed is because a CC company got a judgement against me and I didn't want them to take my stuff, but I didn't do planning beforehand. I was an idiot and have been for a while.

I'm in the process of onboarding as an Amazon driver (part time), so that's why I'm wondering if it might be better to skip the hassle, eat the lawyer cost, get the case dismissed from skipping the meeting, and then working out a payment plan with the judgement holder.

[justbroke]

It's worth the "potential" hassle, but I don't really see any. The only thing would be that gambling is out of your system. It's simply a fact of life, but bankruptcy won't fix a fantasy sports habit of $300 a day. If the Trustee did question your last 90 days of bank statements, then it would likely be about where the money is going. If it comes down to gambling, the Trustee will definitely want to know that it is out of your system... and it needs ot be anyhow.

The reason I say it's worth it is because you'd be in no worse condition if you did go through the bankruptcy and a creditor "tried" to get a particular debt non-dischargeable. You could still work out a plan afterwards, but you'd likely discharge nearly all if not all the debt anyhow.

[butterfly199]

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