341 Meeting and a Troubled Creditor

[trytosavemyself]

Sitting at the 341 meeting today, I've learned a lot from people prior to my time frame. When time comes one creditor's attorney showed up representing his client in a judgment against my company and myself (which I didn't put in the filing because the business was over more than a year ago). The Attorney really tried to asked me all kind of adversarial questions and I was helped by the trustee to write everything and submit to me and CC him. I think that the attorney wouldn't stop and really got on the trustee's bad side. Well, I am prepared again to have all my bank statement from my company account which it is closed long ago to the trustee.

Well, the question is do I just answer his question and not give him the copy but just give it to the trustee? Now my meeting is dragged again to 3/5/2008. How will this impact me. Freshlikedasiey please give me your fruitfull thoughts.

Thanks.

[FreshLikeADaisy]

Hey, happy to help, not quite sure if I can I try to keep my mouth shut when I don't know, actually.

My thoughts are these: the creditor attorney pissed off the trustee because he is circumventing the process in the trustee's point of view. Yes, the 341 does allow the creditor to examine you. HOWEVER, if the creditor *has an objection*, he needs to FILE that objection, and remove the bulk of his effort to the actual adversarial proceeding where it belongs. In effect, I think the trustee got torqued because the creditor atty tried to turn his 341 hearing into a courtroom proceeding.

To illustrate, there was a creditor who showed up for another case during my 341, and oh, that trustee hustled his ass out so fast. When the creditor was called and stood up, this is exactly what transpired: "Why are you here?-Reaff?-Okay, you wanna give that to his atty?-Okay, thanks, you can return to your seat." It wasn't hostile, just a clear sign that the creditor atty needed to transact his business quickly. If my hunch is right, your guy way overstepped those bounds.

I'm not real clear on that cc business and who exactly promised what to whom, but whatever the trustee said, do it. It sounds like a statement you wrote up there on the spot, and then you're going to copy it and send it to the trustee and cc the creditor's atty, if I read it right. If that is the case, do it. If you have access to a printer, go ahead and type it up and print it out so he doesn't have to read your scrawl and various strikeouts, and send it certified, return receipt requested, to BOTH the trustee and the creditor's attorney as the trustee requested. Make sure your case number is on it somewhere, and a cover letter wouldn't be a bad idea if you're up to it, just something along the lines of, "Enclosed please find the statement written and discussed during my 341 meeting on ___ date. It has not been altered in content, but I typed it up for your convenience. A copy has been sent via certified mail to both John Smith, Chapter 7 Trustee, and Ben Dover, attorney for ABC Bank. Sincerely,"

I know that you don't want to deal with the creditor's atty and that he's a jerk, but if you don't follow up on this then you risk pissing off the trustee (who this attorney will complain to if he doesn't get your docs) and you don't want that. In the trustee's eyes you want to look as good as this guy does bad.

In a way, I think that this attorney has helped you a great deal, just by being so nasty. So you follow up and do exactly what the *trustee* wants, as quickly as possible, and you're golden. Get that thing typed up and to the post office as soon as you possibly can, and don't forget: certified mail, return receipt requested. That way neither one can claim you didn't send it.

I think that if you've come this far, the only possible difficulty you may have is an attorney objection, but your filing and your paperwork have satisfied the trustee, which is GREAT news. If I recall correctly you're trying to do this pro se? If so, call the trustee's office about a week prior to your new 341 and ask him specifically if there is any additional paperwork or documentation he would like you to bring to the continued 341, and confirm he received your statement that you mailed (the one we're talking about now). That should suffice, and he will not be offended that you asked ahead of time.

Now you know I'm no attorney, but you wanted my thoughts and there they are. Good luck!!!