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    #1

    Something New

    Okay,

    This is great... today I get a call from my Attorney, We have another "341" Because someone said that I work under the table, that is incorrect. Also something about my DBA/Business.

    I am extremely worried, any ideas of that can happen, I have worked under the table once for $140 about a month before we filed but that was it. Can my wife and I be arrested or can our case be closed?

    Friday is the meeting with our lawyer and when I asked him if we are in trouble he said we could be. He said the truth will set us free. I am just looking for some incite.

    We only make 466.67 a week.. I have taught about starting a business but I have no license or have made any money. I also look for investors but never had got anything.

    Can we be arrested at the hearing? Whats going to happen?
    Filed: 10/29/2010 341 Meeting: 11/22/2010 Discharge: ?Closed Date: ?

    Credit Scores as of 10/29/2010: 456, 468, 472 Open Accounts: None
    Tags: None
    #2
    Originally posted by calco86 View Post
    He said the truth will set us free.
    That is the best answer that you will ever get. You MUST be 100% honest with the trustee.

    The power they have is second only to God.......
    All information contained in this post is for informational and amusement purposes only.
    Bankruptcy is a process, not an event.......

    Comment

      #3
      "Disclosure, disclosure, disclosure" is what I always tell my clients.

      Des.

      Comment

        #4
        I have been truthful but I am worried, can a bankruptcy hire a private investigator or someone to follow you? Also now thinking about it, I wondering if its my landlord who we owe money to?

        Any other ideas?

        Can we be arrested?
        Filed: 10/29/2010 341 Meeting: 11/22/2010 Discharge: ?Closed Date: ?

        Credit Scores as of 10/29/2010: 456, 468, 472 Open Accounts: None

        Comment

          #5
          Originally posted by despritfreya View Post
          "Disclosure, disclosure, disclosure" is what I always tell my clients.

          Des.
          DES,

          Its sounds like you are a legal person, what do you think. Are we in trouble or just need to go there and tell them they are incorrect and here is our information? What do you think?
          Filed: 10/29/2010 341 Meeting: 11/22/2010 Discharge: ?Closed Date: ?

          Credit Scores as of 10/29/2010: 456, 468, 472 Open Accounts: None

          Comment

            #6
            Originally posted by calco86 View Post
            DES, Its sounds like you are a legal person, what do you think. Are we in trouble or just need to go there and tell them they are incorrect and here is our information? What do you think?
            I cannot say that you are "in trouble". If you honestly left off some minor income and properly amend your Schedules you should be fine. But from the quote below, I have to wonder what is really happening:

            "This is great... today I get a call from my Attorney, We have another "341" Because someone said that I work under the table, that is incorrect. Also something about my DBA/Business."

            1. I doubt you have another "341" unless it was continued when you initially attended it. My guess is that you are going to be attending a "Rule 2004 Exam", which is similar to a 341 meeting in that you give testimony. It is more akin to a deposition.

            2. Who is holding the 2004 Exam. . . the Trustee or a creditor - I will assume the Trustee.

            3. Who would have spilled the beans over the minor sum of $140 that you were paid "under the table"?

            4. You run a business. What kind of business? Does it have inventory, receivables, etc? The Trustee will investigate your business to determine if there are any assets he can take. This investigation is usually the crux of a Rule 2004 exam, not the receipt of some minor sum such as $140.

            There appears to be is a lot more going on here then just your failure to report $140. As a result, without knowing all of the general facts there is no way for me to evaluate the issues. Regardless, this is a matter you need to discuss with your attorney.

            Des.

            Comment

              #7
              Originally posted by despritfreya View Post
              I cannot say that you are "in trouble". If you honestly left off some minor income and properly amend your Schedules you should be fine. But from the quote below, I have to wonder what is really happening:

              "This is great... today I get a call from my Attorney, We have another "341" Because someone said that I work under the table, that is incorrect. Also something about my DBA/Business."

              1. I doubt you have another "341" unless it was continued when you initially attended it. My guess is that you are going to be attending a "Rule 2004 Exam", which is similar to a 341 meeting in that you give testimony. It is more akin to a deposition.

              2. Who is holding the 2004 Exam. . . the Trustee or a creditor - I will assume the Trustee.

              3. Who would have spilled the beans over the minor sum of $140 that you were paid "under the table"?

              4. You run a business. What kind of business? Does it have inventory, receivables, etc? The Trustee will investigate your business to determine if there are any assets he can take. This investigation is usually the crux of a Rule 2004 exam, not the receipt of some minor sum such as $140.

              There appears to be is a lot more going on here then just your failure to report $140. As a result, without knowing all of the general facts there is no way for me to evaluate the issues. Regardless, this is a matter you need to discuss with your attorney.

              Des.
              DES,

              Thanks for the help, the trustee did cont the 341 until we got our tax return for 2010. So we should be fine, my attorney and I are meeting on Friday just to go over paperwork ect, anything after the 341 I am fine right?

              Anything I should know about a 2004 hearing or what might be going on?
              Filed: 10/29/2010 341 Meeting: 11/22/2010 Discharge: ?Closed Date: ?

              Credit Scores as of 10/29/2010: 456, 468, 472 Open Accounts: None

              Comment

                #8
                It was a power wash business,

                No Inventory
                Income was only in July filled for Bankruptcy in Oct 26th amount was 840
                Power Washer Borrowed from my Parents

                ----- I am so nervous... This is getting crazy... My attorney also talked to the trustee and he wouldn't say who the creditor is? Can they do that?
                Filed: 10/29/2010 341 Meeting: 11/22/2010 Discharge: ?Closed Date: ?

                Credit Scores as of 10/29/2010: 456, 468, 472 Open Accounts: None

                Comment

                  #9
                  We are also in back rent, like 7600 could that be it... I hate not knowing...
                  Filed: 10/29/2010 341 Meeting: 11/22/2010 Discharge: ?Closed Date: ?

                  Credit Scores as of 10/29/2010: 456, 468, 472 Open Accounts: None

                  Comment

                    #10
                    ...easy calco, easy....take a deep breath....hold....exhale....

                    bankruptcy hire a private investigator or someone to follow you?
                    Can we be arrested at the hearing?
                    ----- I am so nervous... This is getting crazy...

                    No crazy, no PI, no arrests, you are in the BK process. It seems scary but that is why you have an attorney to guide you through it.

                    Hang in there!

                    Tom in Colo
                    Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

                    Comment

                      #11
                      Originally posted by tcreegan View Post
                      ...easy calco, easy....take a deep breath....hold....exhale....

                      bankruptcy hire a private investigator or someone to follow you?
                      Can we be arrested at the hearing?
                      ----- I am so nervous... This is getting crazy...

                      No crazy, no PI, no arrests, you are in the BK process. It seems scary but that is why you have an attorney to guide you through it.

                      Hang in there!

                      Tom in Colo

                      Okay, I am trying, its just buggin me not knowing what is going on? if the trustee dismiss the case when could we file again? We are a family of 6 and have 2000 a month income, its not like we are making 5000 to 8000 a month. we are poor. I mean poor... So now this is going on, will our discharge be longer?

                      Thanks for the help, my wife if freaking out....
                      Filed: 10/29/2010 341 Meeting: 11/22/2010 Discharge: ?Closed Date: ?

                      Credit Scores as of 10/29/2010: 456, 468, 472 Open Accounts: None

                      Comment

                        #12
                        I agree with Des. This sounds like a 2004 Exam. How much time do you have to prepare? In our case, we had about a month to get copies of every single receipt we had showing the money we had spent from the supposed sale of a mortgage that we owned before we filed. We had to show receipts for a year.

                        Other than your frazzled nerves, you have given us very little to work with. Please give more information. Thanks.

                        And, NO, you will not be arrested. Calm down please. Freaking out will not help you or your wife. Please believe me. My 'Hub and I were very close to where you and your DW are, before we found this wonderful forum.
                        Last edited by AngelinaCat; 12-14-2010, 08:36 PM. Reason: Added the last paragraph.
                        "To go bravely forward is to invite a miracle."

                        "Worry is the darkroom where negatives are formed."

                        Comment

                          #13
                          Ok so here the background information:

                          Family of 6, 4 kids and me and my wife...
                          Last Years Income: $33K
                          Last Years Tax Return: 13K 4,500 went to pay a federal debt
                          Total Debt: 148K - No Mortgage
                          Business Started: July 2010 Income from Business $840, Power Washing: No Inventory - No Tools
                          Income Now: Workers Compensation: 466.67 a week
                          Other Income: Wife's Ex-Husband has not paid child support in 4 Months, She filed a petition with the court to get the money. Behind $3,690.00
                          341 date again: Monday Dec 20, 2010 at 10am

                          Attorney called stating that a creditor stated I am working under the table, we need to set a meeting before we go to court again which is on Friday. Attorney really doesn't know whats going on either. Ohh I am in Amway and my wife is in Mary Kay but no income and we haven't done anything in over a year. Me and my wife our still in school so we are getting by with student loans and workers compensation. But from my understand and Federal and State Benefits our exempt.

                          Does this help?
                          Filed: 10/29/2010 341 Meeting: 11/22/2010 Discharge: ?Closed Date: ?

                          Credit Scores as of 10/29/2010: 456, 468, 472 Open Accounts: None

                          Comment

                            #14
                            Hang on calco, waaaay to early to be thinking dismissal...

                            Like 'Cat said, give us some more info to go on....

                            Tom in Colo
                            Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

                            Comment

                              #15
                              whoops, my last post must have crossed yours in cyberspace...

                              creditor stated I am working under the table ....hmmm...you posted earlier this was not exactly big-time...to push you over median-income it would need to be ~65K a year

                              If this is what it is, I think you have a creditor grasping at straws. Ulitmately I think your atty can handle this w/o too much sweat....

                              ....except your sweat from worrying of course
                              Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

                              Comment

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