Can I amend my filing after 341? I lied.

[buwaaa]

I transferred my cars, gave money to my son and lied on my 341 meeting 4 days ago about it. Can I amend my filing and come clean on my continuance on Aug. 25th? There's a continuance because the trustee is asking where the $35K equity money went when we sold our vacation home on Dec. 2009. We spend it to pay utility bills, food, vacation. Gave some $9K to my son when he was laid off from work. I can show her that I paid some to my credit card bills and utilities. Not much though on the credit card bills.

I want to come clean and tell the trustee all the truth before she finds out herself that I lied. This is like a dark cloud hanging over my head and I don't want to end up in jail and lose everything just because I transferred 2 cars and $9K to my son.

I have a meeting with my lawyer on Aug. 18th to discuss this mess. I asked to see him right after the 341 but he had other 341s and won't be available until 8-18 to see me. I can't even see another lawyer in the law firm. They're very elusive and have bad customer service. In the meantime, I can't sleep and can't wait to get answers if I can amend my filing. And if I amend, will the trustee still dismiss my BK because I lied in the 341?

I know I deserve big whooping in the you know where but I want to be truthful from this point on. I'm ready for lectures and scoldings from this forum. I'm not proud of what I did. So ashamed. Any comment and advice is appreciated.

[helpmeout]

Any particular reason why you created a second screenname? The other one is Boohx.

[buwaaa]

Forgot my user name

I had to change my user name because I forgot the my user name, seriously. I didn't write it down when I signed up. Just can't remember.

[NoMoeMoney]

Just curious, but the other thread said you had $43k in equity and paid $30k for your moms surgery? Did you forget to tell your lawyer about the equity money and thus you didn't file it?

[backtoschool]

I transferred my cars, gave money to my son and lied on my 341 meeting 4 days ago about it. Can I amend my filing and come clean on my continuance on Aug. 25th? There's a continuance because the trustee is asking where the $35K equity money went when we sold our vacation home on Dec. 2009. We spend it to pay utility bills, food, vacation. Gave some $9K to my son when he was laid off from work. I can show her that I paid some to my credit card bills and utilities. Not much though on the credit card bills.

I want to come clean and tell the trustee all the truth before she finds out herself that I lied. This is like a dark cloud hanging over my head and I don't want to end up in jail and lose everything just because I transferred 2 cars and $9K to my son.

I have a meeting with my lawyer on Aug. 18th to discuss this mess. I asked to see him right after the 341 but he had other 341s and won't be available until 8-18 to see me. I can't even see another lawyer in the law firm. They're very elusive and have bad customer service. In the meantime, I can't sleep and can't wait to get answers if I can amend my filing. And if I amend, will the trustee still dismiss my BK because I lied in the 341?

I know I deserve big whooping in the you know where but I want to be truthful from this point on. I'm ready for lectures and scoldings from this forum. I'm not proud of what I did. So ashamed. Any comment and advice is appreciated.

Why are you posting under another screen name?

You are going to owe that $30k one way or another see my answer in the other thread.

Here is the link to my other post.

http://www.bkforum.com/showthread.php?t=60796

Now I guess the other money is the $13k you talked about in your other post. The $9k will be the same problem as the $30k was in your other post. The trustee will come after your son for the money as a fraudulent conveyance. The 2 cars will be taken as a fraudulent transfer and sold by the trustee as preferential transfers as well.

The fact that you lied may cause your case to get dismissed, but you can add the assets to your petition and come clean. Your family members will owe the money and cars to the trustee however. You are looking at paying back all of that 43k from the other thread, plus the two cars minimum. It is quite possible that you will get dismissed for lying and fraud.

[Beeheery]

Instead of "coming clean", and possibly going to jail or having something happen for lying under oath, can't you just not finish through with it? I know you already started the paperwork and had your 341, but can't you voluntarily cancel your BK since it hasn't been discharged yet? If I were you, that's what I would do. I thought anyone can change their mind before they are discharged but that they just lost out on their filing fee etc. You shouldn't have lied but I'm not here to judge. People make mistakes, it's not the end of the world. I think your best bet is to withdraw your request for BK and wait it out until the time frame passes when this won't be an issue any longer.

[Beeheery]

And is there a reason you filed so quickly after transferring all of that? Are you being sued or foreclosed on? What state do you live in? From what I understand, if you live in a state like CA, you get like 21K to cover cash/property etc. If the 9K and the cars falls within that limit, I think you are safe. Anyone know if this is true?

[BankruptinNJ]

I'm sorry, but this whole thing is . . . suspicious. Under one user name you claim that your rental home equity was $43,000 and that you gave $30,000 to your mother for surgery. Under another user name you claim that your rental home equity was $35,000 and that you gave $9,000 to your son plus two cars, plus going on vacation. If I was the trustee I would be very suspicious.

You lied at your 341 meeting. You lied on your paperwork. You'd better talk to your lawyer, and fast. You could be in serious trouble.

[backtoschool]

Instead of "coming clean", and possibly going to jail or having something happen for lying under oath, can't you just not finish through with it? I know you already started the paperwork and had your 341, but can't you voluntarily cancel your BK since it hasn't been discharged yet? If I were you, that's what I would do. I thought anyone can change their mind before they are discharged but that they just lost out on their filing fee etc. You shouldn't have lied but I'm not here to judge. People make mistakes, it's not the end of the world. I think your best bet is to withdraw your request for BK and wait it out until the time frame passes when this won't be an issue any longer.

You cannot just withdraw a chapter 7 bankruptcy. The trustee has to dismiss it and it will still be on your reports for 10 years. Now that the 341 has happened it has to be played out to finish.

[Beeheery]

Hi Back,
So even if someone files Ch 7, and let's say they win the lottery and can pay off their debt to all their creditors, they still have to finish even though financially they have enough to cover all the money owed to their creditors?

[Beeheery]

Would converting to a Ch. 13 work in his/her favor @ all in this situation?

[backtoschool]

Hi Back,
So even if someone files Ch 7, and let's say they win the lottery and can pay off their debt to all their creditors, they still have to finish even though financially they have enough to cover all the money owed to their creditors?

The trustee has to dismiss them. You can't just voluntarily withdraw on your own. You have to give all of the evidence to the trustee, and the trustee still administers the estate, takes a cut etc... In your example the money would become part of the bk estate and distributed by the trustee to pay off all the creditors in full, or the trustee would dismiss the case for totality of circumstances, but the debtor could not just voluntarily withdraw the petition. Once you file in chapter 7 it is no longer in your hands when and if your case gets dismissed. Everything has to be played out, and the trustee, the US trustee, and the judge make the final decision.

[scorpion35]

I transferred my cars, gave money to my son and lied on my 341 meeting 4 days ago about it. Can I amend my filing and come clean on my continuance on Aug. 25th? There's a continuance because the trustee is asking where the $35K equity money went when we sold our vacation home on Dec. 2009. We spend it to pay utility bills, food, vacation. Gave some $9K to my son when he was laid off from work. I can show her that I paid some to my credit card bills and utilities. Not much though on the credit card bills.

I want to come clean and tell the trustee all the truth before she finds out herself that I lied. This is like a dark cloud hanging over my head and I don't want to end up in jail and lose everything just because I transferred 2 cars and $9K to my son.

I have a meeting with my lawyer on Aug. 18th to discuss this mess. I asked to see him right after the 341 but he had other 341s and won't be available until 8-18 to see me. I can't even see another lawyer in the law firm. They're very elusive and have bad customer service. In the meantime, I can't sleep and can't wait to get answers if I can amend my filing. And if I amend, will the trustee still dismiss my BK because I lied in the 341?

I know I deserve big whooping in the you know where but I want to be truthful from this point on. I'm ready for lectures and scoldings from this forum. I'm not proud of what I did. So ashamed. Any comment and advice is appreciated.

oh boy if the trustee finds out about the transfers, and he will ,u will be in a world of hurt.never never lie or transfer property,money before filling BK

[Beeheery]

I don't agree with lying under oath (BIG NO NO), but couldn't the OP say that he/she blew the missing money away on gambling? Of course that would be ANOTHER lie and not the right thing to do, but I guess what I am asking is, if they said that to their trustee, it's not like the trustee would know whether or not they are lying. There are plenty of people who file BK because of gambling debts and if the OP said that they tried to make $ by gambling but blew it all, wouldn't that "cover" them and explain why there is no trace/receipts for the missing cash? Again, I am not advising the OP to do this, but it just seems as though that would be an easy way out.

[backtoschool]

I don't agree with lying under oath (BIG NO NO), but couldn't the OP say that he/she blew the missing money away on gambling? Of course that would be ANOTHER lie and not the right thing to do, but I guess what I am asking is, if they said that to their trustee, it's not like the trustee would know whether or not they are lying. There are plenty of people who file BK because of gambling debts and if the OP said that they tried to make $ by gambling but blew it all, wouldn't that "cover" them and explain why there is no trace/receipts for the missing cash? Again, I am not advising the OP to do this, but it just seems as though that would be an easy way out.

Why are you coming up with these unethical suggestions? Asset transfers will show up in the bank records, the titles to the cars, etc. Trustees routinely do asset checks as part of their recovery process in all chapter 7 cases, and in this one I expect an asset proctology exam to be conducted by the trustee.

It is NEVER a good idea to lie. It is fraud. And there are always bread crumbs and a trail to lead to where the money went that the trustee can uncover through doing data mining and asset checks.