Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Answering the trustees questions? Help?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Answering the trustees questions? Help?

    Hi.,
    Thank goodness for this board, you all have been so helpful., I am meeting with my new attorney tuesday. But I am still so upset from the first one., one thing he says that keeps staying in my mind is: " the trustee will want to know exactly how you spent 90,000 in credit card debt., and he will want answers and will question you till he gets them" I have been running it over in my mind., How have any of you answered? I thought I would tell the truth., that I spent them for things I needed., I relocated twice had lots of expenses , was out of work a few months from relocating., then the interest rates went up payment amounts went up and I could no longer pay them., I was using them the last two years for food., clothing etc., etc.,....Do you think that is a problem with me telling them that., it is the truth. I am in Ohio , maybe the trustee's in ohio are more rough., I don't know ,,,HELP

  • #2
    Originally posted by whirlwind123 View Post
    Hi.,
    I am in Ohio , maybe the trustee's in ohio are more rough., I don't know ,,,HELP
    From all my lurking, researching and generally trying to decide the same myself.......you should be OK, unless you spent on the eve of BK, bought luxery items or have lots of non-exempt assets. I am in NW Ohio and my attorney has (many times) assured me that everything will be OK...if your honest and have not attempted to defraud or "abuse" the system.

    I was current on all my CC's, house and car payments the day I filed. I had used my cards up to the time I filed, but it was for living expenses, doctors, prescriptions and the such. No vacations, TV's or luxery items. The lawyer said, no problem should be encountered. Because, that was the the day I decided b/k was my only answer, we used credit to provide daily living expenses.

    I hope this helps....shop around for another attorney...interview them about your case, the law is the law and each one should give you about the same reply...with a few twists. Right now Ohio b/k filings are 35% higher than last year meaning that the courts are flooded, my 341 is scheduled 60 days after I filed. If your an easy case, the odds are in your favor that you will sail right through.

    Comment


    • #3
      Each district is different... so its hard to know if my experience will be your experience... but I never had to justify any of my charges or what I spent money on. Between my house, credit cards and student loans I think I had about 450,000 in debts. Almost 100,000 of that is student loans so that won't be going away but I had substantial amount of debt and no questions or issues.

      However many people on the board have had to justify, provide documents, answer questions... it just depends on the situation and what district you're in. I think you'll be ok. I asked my lawyer about charging clothes, food, supplies on my credit cards even just a few months before I filed... and I asked if that would be a problem... he said doing exactly that is what got me into this mess to begin with. Of course they are going to expect that I charged those things. I also got laid off and relocated and charged a bunch of stuff last year.

      Have a drink and relax a bit !
      BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
      Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

      Comment


      • #4
        So far as I see it, this is the first time this question has been brought up. We were never asked about CC spending habits. At the 341 it was basic questions of SS #, read the papers, any changes, then good luck you may go. That was about it. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment


        • #5
          At my 341, the only people who were asked about credit card charges were one couple that had bought a lot of equipment for their businesss (their current OPEN business) with a personal card right before filing.

          I think that couple is headed for an adversary proceeding.

          But if you charged normal expenses on the card, you will not be asked about it by the trustee. Every case he sees every day used credit cards for normal expenses.
          You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

          Comment


          • #6
            We had a $20000 personal loan and around $50000-$60000 other unsecured debt. The trustee didn't even bat an eye about it. They asked some basic questions (which you can find on another thread in this forum) and then confirmed that we were giving up the car. After that, they simply asked my wife if she agreed with everything I said and let us go. We are in Northern Indiana. I wouldn't worry about it.

            Comment


            • #7
              I had $72k in credit card debt accumulated within one year. My 1st attorney was worried about being asked how this happened (it's a long story), so he decided it would be best for me to do a ch 13 for 5 years. I ended up finding another attorney who filed a ch 7 for me and nothing was asked at my 341. Again, each district is different, but I would definately inteview a few more attorneys (I ended up consulting 6 attorneys after my 1st one quit)!

              Good Luck!
              May 2008 Hired 1st Attorney/Stopped paying CCs
              May 21, 2009 Retained 2nd Attorney
              May 28th - Filed for Ch 7 (FINALLY!)
              9/11/09 - DISCHARGED!!!!

              Comment


              • #8
                Originally posted by whirlwind123 View Post
                .. the trustee will want to know exactly how you spent 90,000 in credit card debt.:
                Over what time frame, and more importantly, how long ago this debt was accumulated

                If it was racked up quickly a few months ago on anything but medical, it could be a problem.

                Time is the BKer's best friend though. Putting of filing until questionable charges are well out of look back have saved many of us.
                No Asset 7 closed 11/09

                Comment


                • #9
                  Does the trustee look over the credit card purchases? I am just wondering because I bought a lot of holiday gifts for my extended family because I had no money during the holidays (around $50+ each) and I do not have all of the belongings to list because they were gifts. We also purchased guitar cases (on credit cards) for a couple of guitars hubby owned but then had to sell the guitars and their cases on craigslist and I have no idea what the persons full name was.

                  Comment


                  • #10
                    I had 50k of cc debt and it didn't faze the trustee. I was also worried, so I actually spent the day down at the courthouse observing the procedures and the questions being asked. The only time anyone had anything other than name, address, ss #, truthfullness on all forms, good luck and goodbye, was one poor soul who was less than honest about ownership of his vehicles, and yes he got buried by representatives from the justice dept. who beat him like a drum.

                    Comment

                    Unconfigured Ad Widget

                    Collapse
                    Working...
                    X