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

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as 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: (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 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

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 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

341 tomorrow, sudden request for more docs = panic

  • Filter
  • Time
  • Show
Clear All
new posts

  • 341 tomorrow, sudden request for more docs = panic

    My 341 is tomorrow morning (I'm a 7). My BK atty's office just called and said that the person who is over the trustees (i.e. NOT my trustee) called and requested the last 6 months of bank statements. Which they already have, but apparently this higher-up wants to look at them. Atty's office said they didn't know what was going on, but maybe it is because I am a self-employed sole prop. My P&L statements I furnished are accurate, perhaps they just think I should be making more money? I don't know. Generally my jurisdiction is and in-and-out in five minutes 341. So now I am completely freaked out. Maybe she thinks I should be 13? I have NO assets - believe me, I would have preferred 13. Anyone ever have this happen?

  • #2
    Calm down.
    Sounds like the US Trustee might be doing a random audit.
    If that is the case, it is nothing in your case that triggered it.
    It's just random luck of the draw.
    They are required to audit "X" percent of BK cases.
    The audit usually involves a little farther look into your financials, but that is it.

    Take a deep breath.
    You filled out your paperwork honestly, right.
    Your lawyer told you everything looked good, right.

    So, don't worry about turning in a few more records.
    Save your worrying for if/when you have something substantial to worry about.
    7/01/10 - filed!
    11/20/10 - discharged and closed


    • #3
      I have no actual knowledge but this sounds pretty routine... checking 6 months of bank statements is the most cursory verification you can do on a self-employed.
      12/2009 Stopped paying CCs; 3/10 1st suit;
      8/2010 finally served; No Asset 7 filed. 11 mos since last bal xfer
      9/22/10 60 day club; 9/24/10 report of no distr; 11/23/10 DISCHARGED


      • #4
        Well, I am back from my dreaded 341. I made sure to give myself plenty of time to get there, as I tend to get lost - which was a good thing, as not only did I get lost, but I had a blowout on the highway. Thankfully, it happened right across the street from an automotive shop and the nice fellows that worked there took pity on my small female self and got my car off the road, calmed me down, put a cup of coffee in my hand, and changed the tire for me. I got back on the road and made it to the courthouse with a few minutes to spare.

        As mentioned previously, I knew there was something going on with my case. Sure enough, the head person (?) was sitting in on my meeting by video. My trustee started with the standard questions (child support obligations, property ownership, etc), then asked why my husband wasn't filing. She next asked what was the most valuable item in my home, my attorney intervened and said our fridge. Trustee then asked: "If I offered you $500 for everything in your home, would you take it?" And I said no. That question seemed odd to me.

        Then the other person started asking questions about my husband's job. Then she asked me about my work. Then she started talking to my attorney and it became clear that the reason she was involved was because somehow a necessary attachment had not made it in the filing. My attorney said he would correct it later today and asked if she needed to continue the hearing. My heart sank. She then said, no, it would *probably* be okay, but until he corrected the petition, she couldn't issue a finding that the presumption did not arise.

        Both the Trustee and the other (super?) trustee seemed to feel that I should be making more money - I couldn't agree more, but I am not and they did not give me the chance to explain WHY. I felt like the tone was fairly adversarial - I understand that it is their position to evaluate and weed out fraud, and I certainly wasn't expecting a parade of rainbows and kittens, but still. And obviously I was pretty on edge and not too thrilled that my atty had messed up the filings - I'm not angry about it, mistakes happen, but I was really looking forward to getting the all clear.

        I did feel like I was being scrutinized without being given a chance to explain. It was more of 'you should be making more money so we think you kind of suck' than 'what happened to put you in this position?' I now understand why so many legal clients are frustrated because they feel like they never get to give their side of the story.

        Anyhow, I'll post an update when I get confirmation from my atty that the corrections have been made and the meeting is officially over. Good luck to everyone else out there - and make sure you have a spare tire!


        • #5
          Sorry to hear about your 341 and a flat tire on top of that! At least it wasn't continued and hopefully once your attorney sends in the corrections, it will be all straightened out. That is frustrating not to be able to tell your side. It's like why do they ask a question if they are not going to bother listening to an answer. At least that part is over, and now hopefully is just 60 days of quiet before a discharge. Good luck to you.
          Filed Chapter 7 on July 30, 2010
          341 scheduled for August 26, 2010 - Done! - Report of No Distribution
          Discharged!!! - November 15, 2010


          • #6
            Remember that the Trustee is NOT your friend in a BK......


            • #7
              Originally posted by currerbell View Post
              I did feel like I was being scrutinized without being given a chance to explain. It was more of 'you should be making more money so we think you kind of suck' than 'what happened to put you in this position?'
              No, it was more than likely, "you should be making more money" so they would have something to distribute to the creditors (and themselves)

              I am sure that there are plenty of business owners who tiy to hide assets by saying they aren't making much when they actually are.
              So that means the trustees see that as a red flag when they go over the documents.
              Since you honestly are not making that much, you should be just fine.

              Just keep reminding yourself about how good it will all be when it is finally over.
              7/01/10 - filed!
              11/20/10 - discharged and closed


              • #8
                Hi currerbell.

                I'm so sorry to hear that this haven't been resolved. Sit tight. Hopefully if the questions are answered they'll move on.

                If you feel comfortable saying, I'm sure that others besides myself are curious about the district this occurred in.

                Take care of yourself and try not to stress out over this.

                11/2008 - Filed Chapter 13
                02/2010 - Chapter 13 dismissed
                08/2010 - Filed Chapter 7 pro se in new district
                09/2010 - Chapter 7 341


                • #9
                  Hello currerbell,

                  Sorry about the flat tire on the way to court! Talk about lousy timing for car trouble! I will keep this in mind and leave plenty early as we have a little bit of a drive.

                  Please keep us updated. It sounds like unnecessary roughness to me but I want "a parade of rainbows and kittens" LOL I had to laugh at that.

                  Best Wishes


                  • #10
                    Hey all - thanks for the kind comments and support. Amended docs were filed last week and my report of no distribution/no assets was docketed by the Trustee in PACER today. So, count me in the 60 day club!

                    I wanted to add one more comment about dress. Seems to me your best bet is to be clean and conservatively dressed. I wore a knee-length cotton skirt and top with a cardigan and simple flats; I had to change after my toddler flung oatmeal at me. If you have costly looking accoutrements, be prepared to be called on them. My attorney commented on how my purse was "too nice" - note that this was a four-year-old purse from Target that cost $25. I don't wear fancy jewelry in general, but I have heard stories about women getting questioned about whether gems were real or costume.


                    • #11
                      Good to hear you've joined the club. See you there hopefully in a month
                      Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
                      AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC


                      • #12
                        Hi currerbell. What a relief that must be. Congratulations.

                        BTW, does anyone know how likely it is to have such a request? I'm using a P.O. Box a ways from my house for all of these communications am only able to get to it once a week or so as I wait for my own 341. I would imagine that if you're pro se, for last-minute requests they might indeed call. Basically, I'm thinking that if they send me a request the day before my hearing they probably can't fault me for not having time to act on it. But I checked the box this morning and there was nothing in it from the trustee -- just more mail from people who want to lend me money at excessive rates after discharge.

                        11/2008 - Filed Chapter 13
                        02/2010 - Chapter 13 dismissed
                        08/2010 - Filed Chapter 7 pro se in new district
                        09/2010 - Chapter 7 341


                        • #13
                          Filed Chapter 7 on July 30, 2010
                          341 scheduled for August 26, 2010 - Done! - Report of No Distribution
                          Discharged!!! - November 15, 2010


                          • #14
                            Empowered - if you are concerned, maybe just call the trustee? My atty said the request was "last minute" - but I suspect the atty may have let the request sit 'til the last minute. Kind of like how the server always blames the kitchen when your food is slow. Best to you...

                            [edited to add] I was a server for many, many years - so perhaps this was my karmic kickback for blaming the kitchen.
                            Last edited by currerbell; 08-31-2010, 08:28 AM. Reason: clarity


                            • #15
                              Hi currerbell. Thanks. I didn't think I had the trustee phone number but in looking for my case number yesterday (checking Pacer) I see that I did.

                              I think I will call them a few days before the hearing to confirm that everything is in good stead.

                              11/2008 - Filed Chapter 13
                              02/2010 - Chapter 13 dismissed
                              08/2010 - Filed Chapter 7 pro se in new district
                              09/2010 - Chapter 7 341


                              Unconfigured Ad Widget