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Has anyone been caught off guard by 341 questions?

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    #16
    I'd be more interested in finding out from some of more expert members, what are the WRONG things to say at the 341. I understand that you are to tell the truth, and not say any more than necessary.

    But for example, my attorney said that if asked what drove us into bankruptcy I should NOT focus on our $17k in dental and medical bills last year. He seemed to think that was not a good idea, but did not really explain why. Instead, he said, I should just be more generic and say that my income decreased.

    So that's what I mean - what things are not good to say even though they may be the truth? And what are the best "generic" answers?
    <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
    FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

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      #17
      My Trustee Asked Me a Question that Threw Me Completely

      He asked me how I could afford to drive a Cadillac, but could not afford to pay a lawyer to file for bankruptcy. The problem was that I filed pro se. I knew I was in trouble in January of 07 but I tried my best not to file...doing all kinds of crazy things like taking out loans, maxing out credit cards, taking out payday loans and borrowing from my retirement. My Cadillac was leased and was already a couple of years old when I filed so I knew that because it was my only means of transportation and my credit was already screwed up so trying to get another car with a cheaper note when credit was bad was not working for me and since it was the only thing that made it appear that I was in the money, I felt he was out of line asking such a thing.

      Seems to me since he had my paperwork before him, he could see the car was leased and that it was the only thing they had listed with some value. He also took offense at how well I prepared my case without the help of a lawyer. I studied and researched filing bankruptcy like I was still in college...literally. I took notes, went to other 341 meetings, did research, called all my friends who filed before, pulled my credit reports, a whole bunch of stuff, but I was determined and obviously I must have done a good job because he had a serious attitude with me during the meeting...and to think there were other folks there at the court driving luxury cars that cost a hell of a lot more than mine.

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