How does a bankruptcy attorney protect me?

[tsfranci]

Hi all,

I am currently between filing and the 341 meeting and I am getting very nervous about what will happen at the meeting. How does my attorney protect me at this meeting?

[frogger]

If you have been open and honest with your filing, there is nothing that you need to be "protected" from. Your attorney is there to represent you.....

[AngelinaCat]

Hi, welcome to the Forum. If as Frogger said, you have been honest and aboveboard, you have nothing to fear. Just answer questions, 'Yes', or "No', as needed. Do not volunteer any other information, unless asked. Remember you are under oath to tell the truth.

Take a few minutes to read through the 'stickies' in the 341 Board, to familiarize yourself with the process, and the standard questions you will be asked.

http://www.bkforum.com/forumdisplay.php?33-341-Meeting

Good luck to you!

[tsfranci]

Thanks to you both for your responses. It is much appreciated. One of the questions the trustee may ask has be a bit nervous regarding use of a CC within 90 days of bk. I used a cc to charge a tank of gas for about fifty bucks within 75 days. I hope that doesn't screw me.

[Freddy03]

Thanks to you both for your responses. It is much appreciated. One of the questions the trustee may ask has be a bit nervous regarding use of a CC within 90 days of bk. I used a cc to charge a tank of gas for about fifty bucks within 75 days. I hope that doesn't screw me.

The trustee is looking for large purchases. I think you will be ok with $50 bucks for gas

[frogger]

Thanks to you both for your responses. It is much appreciated. One of the questions the trustee may ask has be a bit nervous regarding use of a CC within 90 days of bk. I used a cc to charge a tank of gas for about fifty bucks within 75 days. I hope that doesn't screw me.

99.99% sure that this is not going to be a problem. If it is, then you'll just pay for that tank of gas.

[tsfranci]

The trustee is looking for large purchases. I think you will be ok with $50 bucks for gas

Thanks Freddy. I will still need to be honest if asked about it at the meeting.

[Freddy03]

Thanks Freddy. I will still need to be honest if asked about it at the meeting.

Yes - just answer the question. You will be fine.

I was all worked up for my 341 and it was a piece of cake. Literally 3 minutes long.

[btbeme]

If you have the time available, you can always sit in on a few 341 meetings - they are public. Anyone can attend.

Frankly, I think this is a great way to get past any nervousness people might have. You will certainly get an in-depth look at the differences between being well-prepared (the 2 minute 341 meeting) and being "cute", dishonest, or unprepared (the 30 second dismissal or the 10 minute roto-rooting).

As far as your attorney, yup, they are there to represent you...and to get your back if something goes sideways. Overall, if the Trustee does not surprise your attorney with something you did not disclose or explain, you will have a quick and easy meeting.

[feelingnutsy]

When my name was called for roll purposes at my 341---people had to say
if they were represented by counsel---and I felt much more assured when
my attorney answered for me---and in the affirmative as my rep---and he
also gave me valuable information about the proceedings---what I had to
read and fill out prior to the 341---and what to expect inside---and after
the 341 was over---he talked to me about the following 60 day wait-time.

[MSbklawyer]

Trustees aren't the only ones who can ask questions at a § 341. Sometimes creditors show up to ask questions. Sometimes, if the creditor is an individual or a "mom-and-pop" type of establishment, they will attempt to berate the debtor or ask impermissible questions or even demand repayment. This kind of thing does not happen frequently, but when it does, your attorney should shut that down for you.