Trustee Questions in 341 meeting

[cp2010]

Just read the list of questions the trustee ask in the 341 meeting and thats a lot of questions.
Also our attorney has never once ask us if we have ever filed BR before. He has always ask have you filed in the last 8years answer no but we did file chapter 7 in 1992.
If they ask have you ever filed before I don't want him to be caught off guard or anything but he has never one time ask us have you ever filed. We are filing on our business this time and it's a totally different situation with a much broader scale than when we filed 20 years ago. I am not sure if we need to go btw we did file 20 years ago now that we haven't said anything about it before.

[dakota112]

Tell them everything is my motto.

[cp2010]

not chapter 7 sorry, chapter 13 in 1992.

[drowningNdebt]

I love the opening speech that the trustee gives in the meeting. It's great

[CCA1984]

DnD what kinda speech do they give to you ? if you dont want to say it out loud can you Pm me ? im just curious cause im going to file soon and was curious ? thanks again

[whipster1]

If you filed 8 or more years ago you are fine for a 7 now, 4 years if you earlier filed a 13.

Earlier cases they will ask about but they only get concerned if you file several times. At my 341 one guy was giving the trustee a sob story about how he lost his work and had so many expenses, and the question came up "have you filed BK before" and this guy had filed 3 or 4 times, almost every chance he legally had his whole adult life...it got a bit ugly after that.

[Snickers]

Maybe you should tell your Attorney about the 1992 filing so he won't be caught off guard if it comes up at the 341.

[cp2010]

Snickers- I keep thinking that we should tell him to but I don't think we will see him until the 341 meeting.
Its just so odd the way he has always stated the question almost as if he didn't really want to know unless it was within the last 8 years. I just feel odd about having to stand up there and say yes but I don't know at this point I almost don't care. He never once ask have you ever filed so oh well. I am sure he or the trustee has access to find out.
And Whipster1 NO-it was only the 1 time (as if that weren't enough) we were newly married and stupid.
That really was a new start for us and we did very well after that getting our finances straightened out building a house blah blah blah.
During the last 4 years it's just been a nightmare with one thing after another. Our business going down the tubes, my husband being injured, going through major surgery twice, being put on numerous high dose narcotics(oxycontin) for 2 full yrs after srgy. Then deciding to admit himself to rehab Oh and we hd to pull every bit of money we had out of retirement to get him into the rehab center. Good news he's off the crap and back into society woohoo!! Lets see what else.....Oh we had a house fire lost everything we had in the fire, rebuilt our house thank goodness for insurance- house is beautiful and now we are filing BK and walking away b/c without our business we can't afford it.

[music12]

you won't have a problem. if the trustee phrases this question this way, you can say "not in the last 8 years." if they keep asking about it, just tell them it was in 1992. if your lawyer doesn't want to know, he has some reason for that. maybe he knows the way the trustee in your area phrases the question. in any event, it's not something to worry about.

[bkresearch]

Do you think your attorney looks at Pacer? If you check Pacer you'll see a line item on your Docket that says "Clerks Evidence of Repeat Filings for Debtor XX" and lists your previous case and discharge date. This is automatically generated by the court. That said, I don't know if attorneys ever check Pacer? I imagine the trustee sees this.

[cp2010]

Hmm thats a good point. I don't know if he checks pacer but I just have to think there must be a reason that he has always specifically ask "have you filed bk in the last 8 years" only that way every single time.
My husband keeps saying dont worry about it. If they ask have you ever filed we will just say yes in 1992 chpt 13 dismissed in 1993 and be done with it. If our attorney wanted to know if we had ever filed he had plenty of opportunity to ask if we had ever filed. I am just paranoid at this point.

[OHBOY]

Do you think your attorney looks at Pacer? If you check Pacer you'll see a line item on your Docket that says "Clerks Evidence of Repeat Filings for Debtor XX" and lists your previous case and discharge date. This is automatically generated by the court. That said, I don't know if attorneys ever check Pacer? I imagine the trustee sees this.

I recently went to see an attorney for an initial free consultation. ( he wouldn't take my case as he claimed I was 'out of district'..but, that's another story)

Anyhow, this guy DID pull me up on pacer, even though I had clearly stated on the paper work he had demanded to bring to the meeting that I had never filed before....( I have the copy of the Pacer report that lists 'No matches found')

[lifelesson]

relax. It is a by the year thing the atty isn't asking you otherwise because then he had no knowledge of it so his butt is clear. You're fine as long as you've stayed the legal limits.
Relax it will be okay. I was freaking out about our extentsion and the atty told me not to wory if someone was gonna object to the filing it would have been done. I'm pretty sure your atty would have come up with issues before this if it was a problem.