Two time loser

[ohantonio]

I filed BK prior to marriage in 98', never disclosed this to the STBX because we were able to buy a house, new cars and it was my dirty little secret. Spring ahead 12 years and the marriage is over and a second BK on the horizon. My question is, do I need to disclose this to the atty? I've read before about the trustee asks the question, but may phrase it like "have you filed BK in the past 8 years?". thx

[AngelinaCat]

I would talk it over with the attorney and see what he/she has to say. But your first bk was so long ago that it proabably won't come up.

[Pandora]

at our 341 we were listening in to others before we were called and the question was posed "have you ever filed BK prior to this filing?" Those that had stated so and were asked by the trustee "when, where and why" - then in some instances the trustee asked what brought them back to BK again.

So just be prepared because they do have your entire record in front of them - I know our attorney searched the courts for any and all records in our regard.

[oregonpilot]

At one of the 341's that i watched the trustee asked that Q to EVERYONE. (Also at mine that Q was asked of ALL)
One persone had filed almost 20 yrs earlier. And trustee wanted to know at least the month and yr.
One couple when asked ,she answered yes....really surprised the heck out of hubby.
Quite loudly he said "WHAT..you never told me that" Then there was a discussion with trustee just listening in.

[onthefence]

While I haven't had my 341 yet (it is scheduled for next week), I did go and observe some with my trustee last week. She asked everyone if they had ever filed bankruptcy before. There were a few that said yes, and she followed up with when. All that answered yes were past the 8 year mark and she just moved on to the next question.

[AngelinaCat]

One couple when asked ,she answered yes....really surprised the heck out of hubby.
Quite loudly he said "WHAT..you never told me that" Then there was a discussion with trustee just listening in.

*Sigh* So many times, what breaks couples up, is how they handle, or DON'T handle money....

[backtoschool]

The trustee will ask you at your 341 if you have ever filed for bk before. Answer yes and there will be no problems. The trustee is asking that just to make sure enough time has passed, etc....

[oregonpilot]

At my 341 when trustee asked me if i had ever filed and I said No (sobbing) He was shaking his head commenting that people put themselves thru this many times.
Someone earlier in the day had filed twice B4. Each time just making the time limit between filings.
The person a couple B4 mine had filed in 2002. asked what month and it was in May. just makin the 8 yr mark.

My S.O. went thru BK 35 yrs ago (when he was in his 40's) and now carries a few cc's but NEVER, EVER, EVER carries a balance.
He would not eat B4 letting that happen.
We have had some great financial talks on how we will handle things going forward.

[Dee]

I'm dreading this question, because we will have to answer "yes". We are just over the 8 year mark. Never would have thought we'd be back here again. Sigh...

[oregonpilot]

The VERY best to you Dee.....sometimes (do do) happens.

What i saw was the trustee was not being judgemental. Just REALLY curious about how the 3rd time person got themselves there.

[Dee]

The VERY best to you Dee.....sometimes (do do) happens.

What i saw was the trustee was not being judgemental. Just REALLY curious about how the 3rd time person got themselves there.

It does, sometimes, doesn't it? Personally, I'm tired of being knee deep in it. But I'm already feeling better since we started this process. How is it that I'm LESS stressed now than I was BEFORE we started down the BK road? Oh, wait...maybe it's because I'm not afraid to answer my phone anymore! We finalized our paperwork on Friday and now I'm just waiting for the 341 date to appear!

[oregonpilot]

I also was amazed how the stress level would go up and down.
Came home from signing the papers felling so relieved then when i got the 341 date it shot up.
In my district you can go online to the us bk district for oregon and look at the calendar. It shows about 2 weeks in advance. Kept checking it everyday till my DAY was on the schedule.
I sat and cried when i saw my name. Kind of like...everyone in the world could see what a fool i had been.
Didn't seem like it was real. (Don't think my attorney ever saw me not in tears)
kind of interesting. Sometimes i felt like i didn't deserve to be able to cry!!!!

[Floridagail]

The trustee did ask that question of me and others. Is is also on the petition somewhere. No big deal, I think it is just to see if you are truthful.

[oregonpilot]

I was curious about that. Wondered if the trustee was just checking to see if you would fess up.
Thought it would be pretty easy to see if someone had filed B4 just by doing a quick check of SS #.