What do Trustees look for and may find suspicious

[Jengo]

Jengo I hope you can find time to take a deap breathe and relax. We had a family crisis of sorts (16 yr old son had a heart transplant) and exactly a week later our youngest son was born. We had absolutely no warning at all and it has basically turned our family upside down and inside out. It is now almost 4 years later and although things will never be normal concerning our son who just turned 20 we have found out that while the family crisis was hard it is nothing compared to what our son has to live with. Anything else including our impending BK is just part of everyday life.

Relax and all will work for the best.

Good luck !

Hi Meatstick, I'm feeling better. Not as stressed out. Things are moving along with my husband and his BK thankfully. It's strange because the closer my meeting is on April 1st the more calm I'm feeling. I'm bringing in the State Bar complaint and numerous other documents, just in case the Trustee requests more and I may have it on hand, getting all the drama, etc., done at the meeting rather than drawing it out days after, etc. I'm going to give my attorney the State Bar Complaint and honestly although what is in that complaint is to remain confidential until the State finishes their investigation and deems it appropriate to release the results of the investigation to the public because their unethical behavior puts the general public at great risk. Anyway, I am hoping my attorney may alert the Trustee of the complaint, given the circumstances surrounding what is in that complaint it is probably very pertinent information for the Trustee to be aware of and may very well put this aspect on serious red flag in not only my BK case but also my husband's and may very well get them kicked out and their being able to claim anything further and that they're entitled to payment. I'll see though what happens.

I'm so sorry to hear about the circumstances with your child. I know how hard it is. You are so correct that what is happening now is nothing in comparison to what my son has to endure for the rest of his life. His outcome does look good and being able to function and being independent as he gets older with some supports he will need. I just have to ensure that he gets the therapies he needs to prevent or lessen the real possibility of his not being able to function and to live independently. I then have to worry about if he will be with me or my husband until the day we pass and who is going to take care of him. I'm not looking at this though. All I know is as soon as I am discharged and have a bit more money I'll be supplementing his therapies and making sure he is able to function and to live independently. I also have plans of getting some type of trust for him just in case.

I'm glad to hear that your son is doing better it seems. It's something we all hope for in our own lives. Also congrats, although during a difficult time, for your bundle of joy that came soon after!!! It truly does make you and me appreciate life that much more!!!!

[Meatstick]

Jengo I hope you can find time to take a deap breathe and relax. We had a family crisis of sorts (16 yr old son had a heart transplant) and exactly a week later our youngest son was born. We had absolutely no warning at all and it has basically turned our family upside down and inside out. It is now almost 4 years later and although things will never be normal concerning our son who just turned 20 we have found out that while the family crisis was hard it is nothing compared to what our son has to live with. Anything else including our impending BK is just part of everyday life.

Relax and all will work for the best.

Good luck !

[Jengo]

As long as you were truthful and listed everything, you're going to have no problems. If there is anything that the trustee is looking at, you will be asked at the 341 and be able to explain.

I do agree with you that it's sad when we take a true account of our financial affairs. We went moving over $1million a year in and out of our lives, and had nothing to show for it except debt.

It's nice to get it behind you. Chill, tell the truth, and you'll have no problems.

Yeah, I know...when you really sit down and look at everything. I too was doing fairly well before all of this happened. But when you sit down and really look at the financial affairs, it's pitiful and truly sad. But I guess in a way I'm relieved that we've or I've faired halfway decent despite the financial toll it took after what happened to my son.

As for the creditors meeting, I'm already prepared to bring in evidence with me and the areas that they raised in their motion. So if I get asked about something in specific that may relate to their motion for relief, I can produce the evidence and explanation there. I'm doing this in hopes that there won't be a delay after the creditors meetings. I know my attorney said don't worry, no need to go to hearing, no need to gather supporting documents, etc. But I'm doing it for my own peace of mind and hoping that if I produce evidence and explanation at meeting if I'm asked that there won't be any issues after the meeting.

I've been wanting to go to the Pacer site and look at my case stuff. But have chosen not to check the site. More stress on me, especially if I see something crazy going on. Right now, I don't need to know what's going on over at Pacer. If anything comes up of significance, I'll let the trustee contact me or my attorney. I just don't want to read something that I may not understand, terminology, code sections, etc., and whether this is good or bad. As they say, sometimes ignorance and not knowing is bliss. I'm usually the opposite and my wanting to understand and being fully aware of what is going on. But in my case in this stage of my life and keeping the stress level at a minimum, ignorance and not knowing truly is a bliss.

[frogger]

I'm just needing this to be over with very badly. I have my creditors meeting coming on April 1. I'm sure if there was anything that the trustee questioned they probably would have already asked me or my attorney to bring in more documents, etc. This hasn't happened so I'm assuming so far so good type thing. At least I hope.

As long as you were truthful and listed everything, you're going to have no problems. If there is anything that the trustee is looking at, you will be asked at the 341 and be able to explain.

I do agree with you that it's sad when we take a true account of our financial affairs. We went moving over $1million a year in and out of our lives, and had nothing to show for it except debt.

It's nice to get it behind you. Chill, tell the truth, and you'll have no problems.

[Jengo]

Let's ask this question a different way.

What are you worried about the Trustee finding?

I'm looking for anything that may set off a question mark in their mind that may delay having my BK discharged. I'm not hiding anything. In fact, it was rather depressing when going through my financial affairs and how pitiful it is, how poorly I've prepared for my financial future. I have no savings, no retirement, no property, no emergency fund. Nothing. I'm an independent contract. I have health problems as does my son. We're coming out of a massive family crisis that required a month and a half hospitalization for my son and many many doctors' appointments afterwards. My income took a massive hit. Despite this, I have to admit that as bad as the last 1.5 years has been I'm doing better financially than what it "could have been."

My life has been one HUGE crisis for almost 2 years now and the amount of stress has been immense. I guess what doesn't kill you only makes you stronger. But honestly, I've got a lot more grey hair in the last year or so than I had before the family crisis. Lost a lot of weight and have aged quite a bit. Honestly, I'm desparately wanting all of this to be over with. My family crisis is hopefully on the tail end of it, although still have issues every once in a while. I'm now just having to get through this whole BK thing which we all know is stressful anyway. I just can't do too much more drama, although know you pull strength when you need it most.

I'm just hoping that I did everything right and didn't mess anything up in my BK petition that is going to make the Trustee wonder...hmmm, I need to look at this further. And then I get asked, well, you need to provide further evidence, you need to attend this hearing, etc., etc.

Another concern of mine is there is a very corrupt group of people, an atty and advocate that I hired when my son went into crisis. They butchered the case all to hell. I fired them. They claimed I owed them 50,000 which some how I racked up these fees in 3 months. They filed lawsuit against me. The 50,000 broke the camel's back and how much I owe debt wise overall and pushed me into BK. It's a long story and won't go into it here, although posted elsewhere a bit of my situation with these people, people where the hatred runs very very deep because of what they had done and the damage to my son's case, my family but most of all my son at a huge detriment to him. Anyway, these people have caused nothing but problems. They've already attempted and have filed a motion for relief of stay which is completely groundless. The lies that they put in their motion so they can get it heard is just ludicrous and insane. I freaked out for 4 days, writing a response, gathering evidence to support my side. Honestly, I just can't do too much more drama. Anyway, I talked to my attorney and he told me not to worry about it. I don't have to attend the hearing, etc. Even my attorney said and the post petition specialist that works for him said, "What do these people think they're doing?" They both said it was very unusual.

To make this short, these people can continue to throw big huge monkey wrenches into my life. I want the BK over with quickly without any other incidents. I'm just hoping that I didn't leave anything out of my petition that is going to cause further problems; such as, I forgot the damn storage unit and hoping that the trustee doesn't question me and start wondering am I hiding something of value, assets, etc., in that stupid 4 by 4 unit. Oi And then my being scrutinized for it, etc., etc., thereby more freakin' stress on me......one more mini crisis I have to endure. God forbid, my case gets dismissed or whatever. Honestly, I highly doubt it. I'm sure when the Trustee looked at my petition they probably laughed and set it aside and has already been approved and not worth the 5 seconds that they reviewed it. Oi.

I'm just needing this to be over with very badly. I have my creditors meeting coming on April 1. I'm sure if there was anything that the trustee questioned they probably would have already asked me or my attorney to bring in more documents, etc. This hasn't happened so I'm assuming so far so good type thing. At least I hope.

[frogger]

But I am curious, does anyone know or can add to the list of what Trustees are looking for when they go through the BK petitions and what might set off a red flag for them to investigate further.

Let's ask this question a different way.

What are you worried about the Trustee finding?

[Jengo]

I think you are way over analyzing about the stated storage unit. I highly doubt that the lease would ever even be a matter of public record.

I know it is really hard and difficult to remember everything and do everything by the book. I just don't know how stringent the new laws are when they changed. I don't think it's a big deal though and I doubt I would be asked about it. But you know, nowadays in the economic times, Cali courts may very well or the Trustees may be on hightened alert so to speak for any errors, things left out of petition, etc., etc.

Overall, I'm not too worried about it though and losing sleep over it if you will. LOL It's just the last two years has been one huge crisis for me and everything that has happened over the last 2 years are already in boxes awaiting to forever be packed away and I can finally go on with my life. I've posted elsewhere about all the BS that has happened. I just can't take too much more stress in my life and hoping that after the latest BS with the Relief of Stay and what these very corrupt group of people are trying to attempt -- I can only hope that from this point forward through to the end of my BK discharge and BK closing that it will be uneventful. This week's latest fiasco that ended a few days ago and speaking with my attorney about it, he's reassured me not to worry and just to relax a bit and this has taken quite of bit of stress off of me.

[Meatstick]

I think you are way over analyzing about the stated storage unit. I highly doubt that the lease would ever even be a matter of public record.

[Jengo]

Both situations you mentioned will raise a red flag for a BK trustee. You can go to their website (Google 'United States Trustee Program') to find pdfs on all kinds of topics, including case studies of bankruptcy fraud, etc. As long as your are honest, you do not need to worry.

Thank you. I wasn't asking this for myself as my filing was extremely simple. I have no assets, not even a freakin' savings account and my income is rather pitiful right now...1099...and I don't see an expected increase because of the economic crisis and the nature of my profession. I was curious to look at it. In looking at the Pdf file I did see an area though that was left out. I leased a very small storage unit, 4 feet by 4 feet, cost I think was 49 a month. But I didn't lease it for myself. It's for the family member that resides with me and a great majority of her property is in that storage unit and she pays on it. Yikes. My creditor's meeting is upcoming on April 1. I'm not sure if this type of a lease would be public record. I'm sure it is though.

I totally forgot about it until I just now read it in the Pdf file. I'm assuming since I haven't recieved anything from the Trustee or heard anything about providing more information. I'm assuming that the Trustee has already gone through my paperwork and so forth. If it was such a huge concern, that they may have asked about it already and asking to provide information regarding it. If I am asked about it, I'm not going to lie. I'll just explain that I completely forgot about it because I don't use it nor do I pay for it. That it is for the family member that lives with me and it's her belongings in it, etc.

When filling out the paperwork and saw "properties" leased, of course the first thing that pops into my head is my apartment. I don't see a small storage unit as being property. But also by definition it may be considered a form of property. Since I don't frequent the storage unit, etc., and haven't since getting the storage almost a year ago I think, I didn't even think about it. I guess one good thing though is that there are no other accounts than what I reported, etc. I'll be more than happy to explain the storage unit, will furnish pay checks not in my name, and have the family member list what is in the storage unit. I don't think it's going to be too much of a problem. At least I hope not. I don't think this would be considered holding property for someone since I don't even know the password to get into it. It was leased for them and my name is on it and that's it. They're the ones that frequent it because it's their property in it.

I guess I'll soon see.

[ApresMoi]

Saw that, a little too late. Thanks. Maybe a moderator can delete so I do not send people off on a wild goose chase? Hint, hint.

ApresMoi, the Wiki one doesn't seem to actually work.

[ApresMoi]

Both situations you mentioned will raise a red flag for a BK trustee. You can go to their website (Google 'United States Trustee Program') to find pdfs on all kinds of topics, including case studies of bankruptcy fraud, etc. As long as your are honest, you do not need to worry.

What I was curious to look at is what prompts a major red flag and further investigation by the Trustee and the US Trustee. For example, a person has a substantial overseas account that is left out. Or there is a savings account that had 5,000 in it and all of a sudden the account was closed. That type of thing. I was hoping to find something similar to an itemized listing of the red flags that go up. I've read a few places on the forum of kinda similar situations that I stated above and then the US Trustee got involved with their case and began an investigation.

[Jengo]

What above links or below links? Don't understand.

Sorry, Justbroke, I thought I was posting on the sticky that had the links in it. When i scrolled up and saw that the thread was actually the thread that I had started.

[Jengo]

I actually have it but need a place to put it... looking for a place to put it now.

That's the best I can do. I have exceeded my "quota" here on BKForum. I hope this is okay.

http://www.mediafire.com/file/yetjj2..._Schedules.pdf

This was kind of what I was looking for, although very helpful and going through it. It looks like my attorney did a good job. Plus a lot of those forms I never even filled out because I don't have property, etc. Well, it was filled out and submitted but nothing there because I don't own property, etc.

What I was curious to look at is what prompts a major red flag and further investigation by the Trustee and the US Trustee. For example, a person has a substantial overseas account that is left out. Or there is a savings account that had 5,000 in it and all of a sudden the account was closed. That type of thing. I was hoping to find something similar to an itemized listing of the red flags that go up. I've read a few places on the forum of kinda similar situations that I stated above and then the US Trustee got involved with their case and began an investigation.

[justbroke]

ApresMoi, the Wiki one doesn't seem to actually work.

[ApresMoi]

Oops. sorry about that. Did not check the Wiki link (or read earlier posts before posting the broken link). Just Broke is right, no file there. I have the file on my computer as well.