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Help! Filed Pro Se and I messed up at the 341 Hearing

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    Help! Filed Pro Se and I messed up at the 341 Hearing

    Alrighty. This is going to be long, but I am nervous .... I think I answered something wrong at my CH 7 hearing today, which may look like I was lying to the trustee (which I WASNT, I was just confused and misunderstood her questions).

    I had some things that were wrong with my income per month on my petition (I just got a new promotion almost two months ago, and my new paystubs reflected that). I was confused when the trustee was asking me if that was my income that I had stated on the petition, after she looked on the top of the paystub at what I make per hour.

    I stated that what I put on the petition WAS my income, but now I am making more due to my new promotion. It's a considerable amount - I got a $9 an hour raise a few days before I filed my petition. I then told her that I even had my most recent paystubs so she could see them, and she said she didn't want to see them. She said that she didn't have time to look through them all, and told me that was all and that I could leave ... and then she said to her assistant "I want to review that case"

    I didn't know there was an amendment to fill out for your petition - I thought I could just show up to the 341 meeting and show the trustee honestly that I make more now with the new paystubs.

    Now I'm worried that she thinks I was lying under oath about my income. I wasn't lying, I just didn't know to change it on the petition before the 341 meeting ... I thought that showing the paystubs and explaining a raise would suffice. She kept quizzing me on how I could make the petition-stated income amount with my raise, and how many hours I worked, etc. And I told her "I make more now due to my raise that I just got ... here's all my new paystubs"

    I mean if I was trying to commit fraud, I would have brought in fake paystubs, right? But I didn't ... I brought in all of them, even the ones I got after filing, where I made a lot more. Maybe she is just irritated that I didn't do it all right. She looked confused, and I looked confused.

    She also quizzed me on who typed my papers and when I said "I paid $125 just for the typing" she said "And who told you to say that?" and I said "No one did, that's all that they did - I did all of the work by hand in ink" and then she goes "Don't you think $125 is a little much for someone to type out forms if you had already done all the work?" and I said "Well, I thought the court would need legible, professional-looking documents that were typed, not in ink. And I don't own a printer"

    What if I misunderstood her line of questioning and she thought I was lying because of how different the income numbers are with a $9 an hour raise? I wasn't lying ... I just had the old income there. And then I answered that it WAS my income, when she asked if what I had stated on my form was my income. And I thought she meant "was" as in past tense "was" ... but then I kept repeating that I got a raise. No wonder she was confused, LOL.

    What to do now? Do I file an amendment now, or is it too late? Do I just sit back and wait to see if my case is dismissed?

    Do you think she will she have back in to explain myself if she is still confused? Will she send my name up the pipeline for an audit, even though I had all of my paystubs there and ready for her to view? No fraud, just a wrong income number on my form, a misunderstood question, and a n00b who obviously didn't do enough BK filing research ... to me it looks really bad :-(

    #2
    Should I call the trustee?

    Comment


      #3
      The reason your case is being reviewed is because you used a Petition Preparer and the words you used to describe the service, tended to indicate that you received "more" than just a typing service. Many Trustees are clamping down on these "paralegal" service. Especially the ones that do "more" than just type. For example, if the "preparer" even gave you a "questionaire" to fill out, they are in trouble. They can't "interpret" anything for you. All they can do is literally take your hand filled petition and schedules and "type" it up. That's it.

      It's not you so much the Trustee is reviewing, but how your papers were prepared and why you answered the way you did.

      I believe this a question to be of just what legal advice you received.

      You don't need to do anything unless asked to amend or there are some issues.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment


        #4
        Yes, I was pretty nervous. And I tend to get a bit flakey when nervous.

        Thank you so much for responding!

        Comment


          #5
          I hope that the Trustee finds nothing as far as your info is concerned, but it reads, to me, like they are wondering what's going on with your petition. Did the petition preparer sign the thing?
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #6
            I'm wondering, for you income did you write down your CURRENT income (including the $9 an hour raise) on your schedules? Because you got your raise BEFORE you filed (and $9 an hour is a pretty big raise) then maybe they're going to try to push you into a 13?

            Erin
            Filed Pro Se- 12/15/2009
            341- 2/17/2010
            DISCHARGED- 3/18/2010

            Comment

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