Amendments after filing considered perjury?

[ectoman]

Hi I am about to go to my 341 meeting but I have a concern I didn't disclose that I moved funds from my account to my mom's account until after I signed the final paperwork. So my lawyer rightfully was upset but that the trustee might decide to probe more extensively into my paperwork. I just hope I don't get charged with perjury!! I don't want to go to jail for five years for a lie! Has anyone else experienced this? By making amendments after the final signing?

[HHM]

You probably won't get charged with perjury...but stop lying and trying to hide things.

Transferring money to your mom will be viewed as fraud unless there is some legitimate reason for doing so (which there probably is not, if she is a creditor, then its a preferential transfer and the trustee will go after your mother to get the money).

[Cali]

Hi I am about to go to my 341 meeting but I have a concern I didn't disclose that I moved funds from my account to my mom's account until after I signed the final paperwork. So my lawyer rightfully was upset but that the trustee might decide to probe more extensively into my paperwork. I just hope I don't get charged with perjury!! I don't want to go to jail for five years for a lie! Has anyone else experienced this? By making amendments after the final signing?

I never understood why people don't disclose everything.

[Bandit]

[QUOTE=ectoman;142420]Hi I am about to go to my 341 meeting but I have a concern I didn't disclose that I moved funds from my account to my mom's account until after I signed the final paperwork. QUOTE]

If you would tell the attorney things like that, they can help you make moves with the money & put it into better places that are safe. Doing it the way you did it will not stop them from taking it if they want to. I hope they don't. I guess we just live & learn but I doubt that alone will get you into jail- but they probably would have asked you sooner or later about it any way.

Is there anything else? Just tell them the truth because this is a serious law & is very hard to wiggle out of things after you say it is one way or the other.

[FreshLikeADaisy]

Ectoman, from here on out tell the complete truth. In your case, NOT amending your petition to include these preferential transfers would be perjury, whether they found out or not. Not telling them was the lie (perjury); telling them (amending your petition) is the right thing to do. Tell, take your lumps, and move forward. If you tell it BEFORE the trustee finds out himself, you're in a much better position to deal with it.

I can only take you at your word, and so I don't know if that's the only thing you might have forgotten, but when you amend your filing be SURE to include EVERYTHING. It's for your own sake. Also, if you have unused wildcard exemptions you *might* be able to exempt that preferential payment amount by claiming it as your own property; ask your atty about this, and take his advice seriously.

Better fixing it now than later, dude. I'm glad you asked. Good luck!!!

[ectoman]

Thank you!!

Thank you to all the members that posted there caring comments and telling me about this. I just finished my 341 meeting and the trustee asked routine questions and then let me go and said I was dismissed, which, to my surprise because the cases before mine had to reschedule another meeting with the trustee. Thank you all for your replies they are quite comforting and about the money being transferred to my mom's account he didn't really pay it any attention. He was nonchalant about that!! I couldn't believe it considering I had 8 mortgage loans in my name and foreclosed on 8 houses my file was about three inches thick!! And he more than anything saw I was a 27 year old that got into a bad investment venture. But god bless you and thank you all again

[Catia]

Ummm---I gotta ask---
Isn't being "dismissed" by a trustee a VERY bad thing??? Isn't this what you do not want to hear? Am I misunderstanding something? Cuz it sounds like his BK was "dismissed" not "discharged".

[HHM]

Dismissed is not a good thing, but it is not the end of the world either (unless the BK was dismissed with prejudice).

An involuntary dismissal generally means you cannot refile for 6 months. And when you do refile, you will have to demonstrate to the court that this next filing is in good faith.

[FreshLikeADaisy]

The way Ectoman wrote, it sounded to me as though he was himself "dismissed" from the 341, not the bk was dismissed. I could be wrong but that's the way I read it. If he has a PACER account he should be able to see exactly what the outcome was in the next couple of weeks. Good luck to you!!!

[phoenyx]

The way Ectoman wrote, it sounded to me as though he was himself "dismissed" from the 341, not the bk was dismissed. I could be wrong but that's the way I read it. If he has a PACER account he should be able to see exactly what the outcome was in the next couple of weeks. Good luck to you!!!

I read it the same way, I think he just meant he was told he could leave.

[Flamingo]

I never understood why people don't disclose everything.

It's plain and simple - they want to hide it and try get away with it. While some do, the majority don't.

[ectoman]

Disharge!!

Hey everybody just here to let you all know I just recieved my disharge in light of the amendment!! Thank you all so much for your criticism and feedback!! Woohoo!! Time to celebrate!!!

[ectoman]

Flamingo

Flamingo one thing to you, I got to keep the money anyways because it was protected under the allowable federal exemptions, I got to keep all $9000.00 of the money that I tried to shelter but later admitted I had. So I got to keep the money there was no reason for me to transfer it in the first place!! Awesome!!

[PoorGrammyinBK7]

ectoman - what state are you in, if you don't mind saying - just wondering if the federal exemptions would apply anywhere or only in some states?

[PoorGrammyinBK7]

and I ask that because of an extra payment on my mortgage that I had no idea was going to be a problem because I had no intention of filing bk