Hi ! Please help

[Runnr2]

I recently had my trustee meeting, it didn't go well. The trustee ordered an appraiser and then clearly stated I'm under oath and could have perjury. Mt attorney says this is a required question they have to ask now. I am hysterical, I don't want to go to jail. I forgot to list some things but the majority of my stuff was listed. My attny said, she forgot to tell me about that question, heck any of the questions we went over the trustee didn't ask except for 2. What can I do, I can't sleep, thank you for your help. I'm in Florida and read that they can't send an appraiser. I've had nothing but problems with the guy who requests all my paperwork, but if I fire this attorney I have to pay him and another, I don't have that kind of money.

[justbroke]

Everything you signed, for your petition, is also under oath and under penalty of perjury. The 341 Meeting has always been held "under oath" (the Trustee actually swears you in) and done under penalty of perjury. Simply means... don't intentionally tell a mistruth.

To this day, I haven't heard of anyone going to jail for misremembering (is that a real word?) or simply not knowing some fact. The perjury is about people intentionally lying and hiding things from the Trustee.

I would say... don't worry about this unless you lied on purpose.

In Florida they may or may not send an Appraiser, but in the three (3) 341 Meetings that I have been in (personally) there has never been an appraiser. While it's not a myth, that appraisers are sent in Florida, it really depends on both the individual case and the specific Chapter 7 Trustee. (I don't know where you read that they "can't" send an appraiser, but that's simply not the case. The Trustee can do whatever is necessary to define and then liquidate the bankruptcy estate. If the Chapter 7 Trustee wants to send an appraiser, they'll usually schedule an time to meet and have the appraiser visit the property.)

The simple fact is that in about 5% of cases, the Chapter 7 Trustee finds a bone and won't let go. It (usually) wouldn't have mattered if you filed with another attorney because it's simply a fact in the case. Each debtor is unique and the Chapter 7 Trustee responds based on a.) your paperwork, b.) answers to their questions during the 341 Meeting, c.) followup questions based on paperwork and/or 341 Meeting outcome, and d.) other disclosures they may have acquired through search of property records or other sources.

I will simply say that the Chapter 7 Trustee saw something in your case (a bone) and they are now going to dig further to see if it really is a bone.

Welcome to BKForum.

[Runnr2]

Thank you so much, I understand now. I did not intentionally lie, I forgot to put something down on my property list.

[justbroke]

I don't see any issue with that. People miss things on their forms and they just update them to reflect any new information (or found property). It's when a person intentionally hides things to hinder, delay, or defraud creditors, the United States Trustee, the (panel) case Trustee, and/or the court that is an issue.

Best wishes to you. I hope that you can sleep better now.