What if you forgot??

[LadyInTheRed]

Horse, you did not committ perjury. You forgot about the golf clubs. That's different than lying. It would be really hard to prove that you intentionally didn't tell them about about a worthless old set of golf clubs because you'd have nothing to gain by lying. The trustee has better things to do than trying to have you prosecuted for perjury.

The absolute worse thing that would happen is that the Trustee could object to the discharge. But that isn't likely to happen over a set of golf clubs even in the extremely remote chance that the trustee finds out about it. You are not going to go to jail over this! Stop worrying!

[WhatMoney]

I'd suggest you dig a 6 foot hole in your back yard, put the golf clubs in a waterproof plastic bag, and bury them. Be sure to plant a shrub over the hole to cover up the evidence, and so you don't forget where they are buried. It's not too likely the Trustee will bring in a bulldozer and dig up your back yard looking for an old set of golf clubs - especially since he does not know they exist.

After you have been safely discharged, you can dig the clubs out of the hole - but be sure to do this late at night, just in case the neighbors are watching.

[horse]

Oh...that's funny. I did tell our lawyer about them so I can't dig that hole anymore.

[GettingGoing]

Oh...that's funny. I did tell our lawyer about them so I can't dig that hole anymore.

Am I am assuming that your attorney said that the clubs would not be an issue?

[nc73]

You can tell people that have anxiety issues not to worry all you want, it won't work. I know because I'm married to one.

[keptdigging]

I'm not a lawyer, but I'm pretty sure the crime of perjury requires INTENT. And materiality. You answered to the best of your abilities and recollection. Nobody's perfect. Making a statement that isn't quite true because you don't remember perfectly is not perjury.

And nobody's been charged with bk fraud because they forgot about old golf clubs they never use.

[LadyInTheRed]

I'm not a lawyer, but I'm pretty sure the crime of perjury requires INTENT.

You reminded me that I meant to look up the elements of perjury.

The third element of a perjury offense is proof of specific intent, that is, that the defendant made the false statement with knowledge of its falsity, rather than as a result of confusion, mistake or faulty memory

http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01747.htm

[horse]

keptdigging & LadyInTheRed...thanks for that. Yeah...there was no intent to hide the golf clubs. When you're in the middle of the hearing the Trustee is zinging the questions at you it's hard to remember everything. The trustee asked us if we owned real estate and I asked for her to clarify her question (confused) and my husband said "no" (he thought she meant land somewhere). Well...what she meant was our house that we live in and so my husband look really stupid and had to explain what he thought she meant. If anything...I think we were unprepared by our attorney.

nc73...you are so right. I've only been awake for 45 minutes and I already grilled my husband on "what ifs" and then my next stop was on this forum to talk with you nice people. The worrying is anything that can be control.

GettingGoing...our attorney hasn't contacted us since the email I sent two days ago about the golf clubs. Is no news good news? Hopefully.

[69corvair]

Please don't worry about it. If it will help you calm down and stop stressing, ask your attorney to file an amended Schedule B and disclose the clubs or better yet, ask your atty to place a call to the panel trustee and ask if he/she cares & wants an amendment at all (they probably don't).

The trustee is only going to care about perjury if (1) it involved an asset that they could sell for distribution to creditors; and (2) if they find out about it on their own (or from a third party) and not from the debtor/counsel.