341 next week: What should I NOT say?

[PaKettle]

I know you have to tell the truth, obviously. But there are ways of telling the truth in a way it won't hurt you and a way it might...

I know the old rule of thumb: don't say too much, answer as succinctly as possible, too.

But, for example, my attorney told me, "If he asks what brought you to bankruptcy", don't say it was your high dental bills." You see, my wife and I had about $18k in dental bills last year and we borrowed money from credit cards to pay for it. It wasn't cosmetic, it was necessary stuff. So I figured that is a VERY GOOD reason to borrow money... But he says no, don't say that. I'm not sure why...

So I guess if he asks how we got to bankruptcy, the best answer is that my income went down and never came back up... that kind of answer, right?

So, my question is, Are there any other things one should NOT say... Are there any basic generic answers that are particularly good... I'm looking for strategies here on how to best answer any questions that might come up...

And also, what questions might come up that I should be prepared to answer, that might throw me off? Anything I should particularly prepare to answer that I might not readily and easily answer?

Basically we got here because my income has always seasonally gone down about 20% and then come back up, but this year it went down more than 20% and never did come back up, AND may never come back up, it's hard to say. Also, my wife has a job last year, then went on unemployment then the unemployement ran out this summer. The unemployment was also helping keep us afloat.

Also, the tax money we got back in February of 07 sat in our bank account and dwindled away paying bills... that also helped keep us afloat for quite a few months (about $3500).

We also had taken out some balance transfers in December of 07 and those sat in the bank and dwindled away. It was not my intention to use them for that, I probably would have gambled them or taken a trip with them.. but as things worked out they just dwindled away. I'm told I should NOT say this unless directly asked about it. But really if the trustee were to look into it, it is apparent from my bank statements that this is what happened.

I'm hoping NOT to get asked these questions!!!

But, if they ask I will have to say that is what happened, no?

Tips, tricks, strategies, best way to spin things in our favor...?
I'm very nervous... will be glad when this whole thing is OVER!

[Granny]

We also had taken out some balance transfers in December of 07 and those sat in the bank and dwindled away. It was not my intention to use them for that, I probably would have gambled them or taken a trip with them.. but as things worked out they just dwindled away. I'm told I should NOT say this unless directly asked about it. But really if the trustee were to look into it, it is apparent from my bank statements that this is what happened.

Pa, get your dates right. Did you mean Dec 07 or Dec 06.

The only real tricky questions I was asked was about the dependents on my taxes vs. the dependents on my Schedules...they were different and one was a 25 year old daughter. The trustee wanted to know why she wasn't working. My answer was "She has her own issues and that's why we adopted her kids" That ended that conversation and we moved on.

Good Luck!!!

[CATCHMEIFYOUCAN]

I did a search for you and thought this would be useful:
http://www.lidebtlawyer.com/341Meeting.html

SECTION 341 MEETING QUESTIONS

At the 341 Meeting, I will sit next to you, and the Trustee will ask you questions regarding your assets, debts, income and expenses.

Debtors who are not represented by an attorney may have trouble at these meetings, because they are unaware of what the Bankruptcy Code considers to be an asset that the Trustee may take, and they do not understand that their income can be an issue in determining whether they will be granted a bankruptcy discharge of their debts.

The following are a sample of questions asked of you at the Mandatory Section 341 Meeting. Having your attorney with you will help ensure that you are properly prepared for this meeting and successfully obtain your bankruptcy discharge.

Required Statements and Questions:

[jp2861]

It's not the trustee that you need to worry about. 99% get discharged. If you haven't comitted fraud and not in a presumptive abuse situation the trustee is not your concern. If your forms are in order and you've been above board, the reasons for filing are irrelevant. There isn't a list of reasons, ie: gambling, dental, bad spending habits, that deam you ineligible to file. If there's no abuse or fraud your case will fly, regardless of what you say. The only thing that would get you in trouble is to say you kept spending/charging after the point of when you knew you'd have to file. Your concern should be with the creditors. None of what you posted is a reason for dismissal.

[newimges]

Keep your answers short, simple and honest - don't offer any information you don't need to.

The 341 meeting wasn't anywhere near as bad as I thought it would be. The trustee only asked us a couple of questions that could be answered with a yes or no. He didn't even ask us why we filed. It lasted less than 5 minutes.

Good luck!

[CoCoChanel]

Be Prepared for Some Type of Unusual Question

No matter what anybody says here, always be prepared for the "out of left field" question. Trustees are sneaky like that. Just when you think they will ask the normal questions everyone speaks about here, out of left field will come some question that you were not prepared for. I know for me this made for a very strange meeting, but I got through it and swore that if I ever got a chance to post about this subject, I would be sure to mention that you must always be prepared for the unexpected question.

[FreshLikeADaisy]

No matter what anybody says here, always be prepared for the "out of left field" question. Trustees are sneaky like that. Just when you think they will ask the normal questions everyone speaks about here, out of left field will come some question that you were not prepared for. I know for me this made for a very strange meeting, but I got through it and swore that if I ever got a chance to post about this subject, I would be sure to mention that you must always be prepared for the unexpected question.

Ummm... can I ask?

I'm sorry, I can't help but want to know what they asked you... ignore if you don't want to say. I'm assuming it's not along the lines of "are the flowers on your underwear yellow or blue?" but you make it sound so unusual I had to ask.

[Keebler]

True sneaky questions are ones like: "Have you stopped beating your wife?" No matter how you answer, you were a wife beater or you're still a wife beater!

The next hardest questions are painfully open-ended questions like "What brought you here today?"

A good response can be: "I don't understand the question." Because it's open-ended itself. Only the hardest most cruel interviewer will re-ask the same question without throwing you some more information to help you understand what they're looking for.

Remember: it's not illegal or immoral to be an idiot! Learn to find your inner idiot and put it to good use -- we've all got some inside somewhere.

They can prosicute you for admiting guilt but they can't do anything more than get frustrated if you don't understand how to answer the questions. Make them explian the question in four-year-old language so you can figure out exactly what they want to know. This way you won't volunteer anything they didn't exactly want to know.

As long as they don't think you're stone-walling or hiding something they'll probably give up and move on.

As for me, the answer to "What brought you to Bankruptcy?" is: "Several things, really. I'm not sure I can point to a single thing that actually caused it." It's like saying "I don't know." but sounds way more thoughtful.

If they want to press you for details you can say "Well, my income went down for starters -- that didn't help." and then you can make them pump you for more reasons if they choose. Just avoid talking and telling your storry and wait in silence until they ask another question.

[HHM]

Also, don't be a "smart ass" or try to tell a "joke"

[CoCoChanel]

Hey, if it will help somebody, I have no problem answering it. My lawyer did not tell me that this would happen. So of course I was not prepared, but after sitting in the waiting room and watching and listening to other cases and trustees and lawyers, I was shocked when a trustee asked me about my Infiniti 2001 I drive. He said that too many people file bankruptcy and driving these expensive cars does not help their case. I used a law school student to help me with my case who specializes in Bankruptcy issues. I did not have to pay her and she was good....real good. I think this pissed him off because he said that I should have used the money I lease the Infiniti with to pay a real lawyer instead of trying to get something for free. Funny...but I did not know that filing bankruptcy with paralegals or students was against the law nor did I realize it required you to worry about a vehicle that was not paid for. Trustees are bad sometimes.

[magyar123]

It also depends on the mood of the trustee and the time of year. I and the 30 other filers had our 341 hearing on a 105 degree afternoon in August. A/C was down.
Three question to each one of us:
State your name.
What is your SS #
You stll live it - read off your address.
He obviously wanted to get out of that building in a hurry

[HHM]

It also depends on the mood of the trustee and the time of year. I and the 30 other filers had our 341 hearing on a 105 degree afternoon in August. A/C was down.
Three question to each one of us:
State your name.
What is your SS #
You stll live it - read off your address.
He obviously wanted to get out of that building in a hurry

Nice

[FreshLikeADaisy]

Learn to find your inner idiot...

No worries, we're real good friends.

As for me, the answer to "What brought you to Bankruptcy?" is: "Several things, really. I'm not sure I can point to a single thing that actually caused it." It's like saying "I don't know." but sounds way more thoughtful.

If they want to press you for details you can say "Well, my income went down for starters -- that didn't help." and then you can make them pump you for more reasons if they choose. Just avoid talking and telling your storry and wait in silence until they ask another question.

You know, that sounds like a really good idea. I have been known to shoot myself in the foot because I'm too quick to explain and way too honest for my own good, so I was wondering about just this sort of open question. I filed pro se and so I have no attorney to hide behind when it gets tough. But I can do stupid very well. Thanks!

---

CoCo, thanks for answering. I see your point about be ready for anything. I have a feeling your trustee had an axe to grind, but knowing that doesn't help when you're sitting in that seat and have to answer these questions. I would have frozen... but I guess that would help with my stupidity defense, so I have nothing to be scared of.

[lrprn]

Rules for answering questions during the 341:
1. Answer only what you've been asked.
2. Volunteer no extra information.
3. Use as few words as possible to answer.
4. Provide no details unless specifically asked to do so.
5. Be truthful when you answer.
6. If you aren't sure what to answer and you filed with a lawyer, say "Excuse me" and ask your lawyer before answering.

I think that about covers it

[PaKettle]

True sneaky questions are ones like: "Have you stopped beating your wife?" No matter how you answer, you were a wife beater or you're still a wife beater!

The next hardest questions are painfully open-ended questions like "What brought you here today?"

A good response can be: "I don't understand the question." Because it's open-ended itself. Only the hardest most cruel interviewer will re-ask the same question without throwing you some more information to help you understand what they're looking for.

Remember: it's not illegal or immoral to be an idiot! Learn to find your inner idiot and put it to good use -- we've all got some inside somewhere.

They can prosicute you for admiting guilt but they can't do anything more than get frustrated if you don't understand how to answer the questions. Make them explian the question in four-year-old language so you can figure out exactly what they want to know. This way you won't volunteer anything they didn't exactly want to know.

As long as they don't think you're stone-walling or hiding something they'll probably give up and move on.

As for me, the answer to "What brought you to Bankruptcy?" is: "Several things, really. I'm not sure I can point to a single thing that actually caused it." It's like saying "I don't know." but sounds way more thoughtful.

If they want to press you for details you can say "Well, my income went down for starters -- that didn't help." and then you can make them pump you for more reasons if they choose. Just avoid talking and telling your storry and wait in silence until they ask another question.

Thanks Keebler - this is the kind of advice I was looking for.
I KNOW that chances are they won't ask any difficult questions, but as someone said, I want to be prepared for the possibility because I have at times had very bad luck with attorneys/ judges and it would be just MY luck that they will decide to interrogate me with a rubber hose, so to speak.

Also, my attorney is the one to blame for making me paranoid. He specifically told me "Don't say that" regarding the dental expenses but did not really explain why. I think sometimes attorneys are born to make people nervous. ;-) They seem to have a knack for it.

Thanks to all for responding. And yes, obviously I meant Dec. 06, not Dec. 07.