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What to expect during BK

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    What to expect during BK

    How likely is it that the trustee, or anyone from the court, is going to come out and physically inspect my house? I know this sounds like I'm trying to hide something, but that's not the case. My wife is rather depressed about this whole thing and just wants it to be over. I don't think she could handle having someone rifle through our house looking for valuables (which would be a a waste of time, unfortunately).

    I assume they don't do this unless they think you're lying to them or something, but I don't know.

    #2
    I asked a couple attnys that very question. Pretty much same reason too. Nothing to hide, just don't wanna be caught on a "messy house" day by the Trustee of the Court.

    I've been told Trustee's never go to people's houses. They may order an inspection or an independent appraisal, but the Trustee themselves will not come to your house.

    Only very rarely does a Trustee order an inspection or independent appraisal of a filer's household goods. Generally people with larger estates where some values given may be questionable. ie, Works of art with low values. Or to physically verifiy there indeed is not huge HDTV and monster stereo system in a theatre type entertainment room. That kind of thing.

    Your chances of being physically inspected if you're a regular folk person like most of us here is slim to none at best.

    It could happen, but not likely.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

    Comment


      #3
      Originally posted by SinkingFast
      I asked a couple attnys that very question. Pretty much same reason too. Nothing to hide, just don't wanna be caught on a "messy house" day by the Trustee of the Court.

      I've been told Trustee's never go to people's houses. They may order an inspection or an independent appraisal, but the Trustee themselves will not come to your house.

      Only very rarely does a Trustee order an inspection or independent appraisal of a filer's household goods. Generally people with larger estates where some values given may be questionable. ie, Works of art with low values. Or to physically verifiy there indeed is not huge HDTV and monster stereo system in a theatre type entertainment room. That kind of thing.

      Your chances of being physically inspected if you're a regular folk person like most of us here is slim to none at best.

      It could happen, but not likely.
      +1
      Same thing my lawyer told me.

      Think about it this way, each trustee has many BK cases(7's and 13's) going on at one time. They don't have the time to drive around looking for a Picasso hanging in your bedroom. If that isn't enough, most of them are also practicing lawyers. The trustee we had is also a local BK attorney.
      Filed BK7 10/03/05
      341 Meeting 01/04/06
      Discharge 03/07/06
      Closed 03/13/06

      myfico.com EQ FICO 634-->03/13/06

      TL's
      HSBC $300, applied for and recieved back in Oct, during the BK
      MBNA $25000, survived the BK but they won't let me access it due to lates and other negatives on the CR's
      Roadloans.com up to $25000 @ 15.99%, time for a newer car
      Hooter's $5000 ...3/24/2006

      Comment


        #4
        I asked the same question of our attorney. He told me the same thing, unless they need to get an appriasal of your home or to determine that you don't have anything of value they won't hire someone to go in.


        Filed 12/30/06
        341 3/24/06
        Discharged 5/15/06
        Closed 1/22/07

        Comment


          #5
          Not likely at all, but understand this a stressful time, all the worry about the 341( Day of doom) in reality it is nothing, then the 60 days after ward , well I thought no prob , I can handle it, but today I am 30n days in in, and the stress is showing , at work etc drinking too much too, personal relationships, I am sure this is normal, but need support, this forum is good but it has its dark side too, all I can say about bankruptcy is this sucks , but when its over it will a ray of sunlight in or lives, a new start, GOOD LUCK!

          Comment


            #6
            Originally posted by fellowpoorman
            Not likely at all, but understand this a stressful time, all the worry about the 341( Day of doom) in reality it is nothing, then the 60 days after ward , well I thought no prob , I can handle it, but today I am 30n days in in, and the stress is showing , at work etc drinking too much too, personal relationships, I am sure this is normal, but need support, this forum is good but it has its dark side too, all I can say about bankruptcy is this sucks , but when its over it will a ray of sunlight in or lives, a new start, GOOD LUCK!
            I've said it before and I'll say it now, "It gets better". Seriously it does. I know exactly what you mean. I had a few drinks myself, hell I had more than a few!

            BK sucks, I was one of those who couldn't figure out how anyone could do it, but a spouse gets sick, paychecks get missed, pay cuts, no cash backup, well shizzle happens!

            You are 30 days in, halfway there, it's almost over.

            It gets better.
            Filed BK7 10/03/05
            341 Meeting 01/04/06
            Discharge 03/07/06
            Closed 03/13/06

            myfico.com EQ FICO 634-->03/13/06

            TL's
            HSBC $300, applied for and recieved back in Oct, during the BK
            MBNA $25000, survived the BK but they won't let me access it due to lates and other negatives on the CR's
            Roadloans.com up to $25000 @ 15.99%, time for a newer car
            Hooter's $5000 ...3/24/2006

            Comment


              #7
              Originally posted by KevinR
              How likely is it that the trustee, or anyone from the court, is going to come out and physically inspect my house? I know this sounds like I'm trying to hide something, but that's not the case. My wife is rather depressed about this whole thing and just wants it to be over. I don't think she could handle having someone rifle through our house looking for valuables (which would be a a waste of time, unfortunately).

              I assume they don't do this unless they think you're lying to them or something, but I don't know.
              LOL.....I had this arguement with my parents when I told them about our BK. It was a rather heated discussion. They think they knew what they are talking about because this sort of thing (coming into the house) was old school ways. They argued that I would lose everything I owned, but HA, I kept EVERYTHING...........and no one came into my house. I don't mean to sound bitter here, but I kind of enjoyed saying I told them so.

              Anyways, just remember to be totally and completely honest and the entire process should go rather smoothly.
              Bankruptcy History:
              Chapter 7 filed - 10/12/2005 - Asset
              Discharged - 02/16/2006
              Case Closed - 11/08/2007

              A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

              All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

              Comment


                #8
                Originally posted by BassBoy
                Anyways, just remember to be totally and completely honest and the entire process should go rather smoothly.
                I think this is the key here... be honest and open and then even if they do try to "dig something up" there'll be nothing to find and you still get discharged and a fresh start.
                Filed Ch. 7 Pro-Se: 10/12/06
                341: 11/6/06 (went AMAZINGLY well!)
                Discharge: 1/12/07
                Closed:1/19/07

                Comment


                  #9
                  Thnks fellas, its now 33 days in, I have faith, hope to be joining you soon bassboy, I'm a musician too(another guitarist who plays too loud). It will be such a relief when its over, lets keep helping our brethren, even after discharge. PEACE

                  Comment


                    #10
                    I'm trying to clean my house up a bit in case they come by. Hell, they might tell me I said stuff was worth more than it really is.
                    Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
                    Plan Confirmation 6/16/06 :yahoo:
                    Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

                    Comment


                      #11
                      PARANOIA! c'MON Whats gonna happen , they may want your dirty underwear!

                      Comment

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