Can I amend my filing after 341? I lied.

[Beeheery]

Back,
Take it easy......;) I was just asking a question that is all. I didn't say SHOULDN'T he/she lie about gambling it away, I said COULD they do that? Either way, the OP is screwed. Whether they admit to lying and pay back the $ or continue to lie and get in even more trouble down the road, they are really in a no-win situation. Anyways...I see you recently got discharged. Congrats! Must feel soooo good.

[backtoschool]

Back,
Take it easy......;) I was just asking a question that is all. Either way, the OP is screwed. Whether they admit to lying and pay back the $ or continue to lie and get in even more trouble down the road, they are really in a no-win situation. I see you recently got discharged. Congrats! Must feel soooo good.

I was discharged in early November of 2009. My case became an asset case because of two $500 dollar checks I wrote to my mother in the year before filing, and my case finally closed in June 2010. It is from personal experience that I know that giving money to family members the year before filing, can lead to the trustee demanding that money back.

I was not reacting to you personally, but there are a lot of new members on this board who might take your hypothetical suggestions as advice. I wanted to balance out the thread so that people would know that your hypothetical suggestions would most likely not lead to the a desirable result. Perjury is a crime. Everyone is under oath at a 341, and lying at a 341 is perjury just like it would be in any court case and can be grounds for arrest and fines.

[Maine]

OP- tell the truth, if you know what it is. Your bankruptcy is probably going to be dismissed, your lies combined with the missing equity money put you in a bind. Can the people you gave the money to give it back? How about the cars? If not, then you have put them in a bad spot too. Get your facts straight, the truth this time! Then get any proof you can find to take to the lawyer on wednesday. It might be too late to fix this bk file, but you may have bigger legal problems than that right now.

Beehery- it is not good to help the OP come up with alternate lies. Coming clean, might keep them out of jail and out of big fines (perjury is not a joke!)

[Beeheery]

I honestly wasn't trying to help the OP get out of the trouble they are in. I see how it came across though but that wasn't my intent. I don't think what the OP did is right @ all and it has made things alot worse for them already, but I do feel bad for them. I know perjury is VERY serious and I wouldn't ever do it. The potential consequences aren't worth it. I just don't understand how the OP got all the way to the 341 without anyone "catching" the missing 35k. Wouldn't his/her attorney ask where all that $ was BEFORE they filed etc? It doesn't make sense to me. I would figure the attorney would want everything perfect and in order before the 341 to prevent things like this happening.

[BankruptinNJ]

I honestly wasn't trying to help the OP get out of the trouble they are in. I see how it came across though but that wasn't my intent. I don't think what the OP did is right @ all and it has made things alot worse for them already, but I do feel bad for them. I know perjury is VERY serious and I wouldn't ever do it. The potential consequences aren't worth it. I just don't understand how the OP got all the way to the 341 without anyone "catching" the missing 35k. Wouldn't his/her attorney ask where all that $ was BEFORE they filed etc? It doesn't make sense to me. I would figure the attorney would want everything perfect and in order before the 341 to prevent things like this happening.

The OP has admitted that they posted under another thread under another name:

http://www.bkforum.com/showthread.php?t=60796

These threads talk about completely different amounts of money and give different excuses about where the money went. In the original thread they said there was nothing suspicious. Now they admit to lying at the 341. I don't think the original poster even knows what the truth is. Makes me think they gave away the money and cars deliberately. Something is very fishy here. Why is the OP not responding to this thread???

[frogger]

You and your attorney need to have a big pow-wow and get this sorted out. Start by telling the TRUTH to your attorney, and then correct this mess. Let your attorney guide you to correcting your errors.

They must be corrected.......

[helpmeout]

I don't agree with lying under oath (BIG NO NO), but couldn't the OP say that he/she blew the missing money away on gambling? Of course that would be ANOTHER lie and not the right thing to do, but I guess what I am asking is, if they said that to their trustee, it's not like the trustee would know whether or not they are lying. There are plenty of people who file BK because of gambling debts and if the OP said that they tried to make $ by gambling but blew it all, wouldn't that "cover" them and explain why there is no trace/receipts for the missing cash? Again, I am not advising the OP to do this, but it just seems as though that would be an easy way out.

If you weren't advising the OP to do something fraudulant, you wouldn't have posted what you did.

[momofthree]

Okay, so reading the 2 threads, this appears to be what happened.

You sold a home while your husband was unemployed and received $43k. You then gave $30k to your mother, $9k to your son, and took a vacation. Further, you signed 2 cars over to your son. You then lied about it all. I'm just joe-blow off the street and can see that this was clearly a deliberate strategy to "hide" your money before filing bk. Like has already been pointed out, even your 2 threads here don't add up. Simply put: you're screwed.

[ForumReader]

The OP has admitted that they posted under another thread under another name:

http://www.bkforum.com/showthread.php?t=60796

These threads talk about completely different amounts of money and give different excuses about where the money went. In the original thread they said there was nothing suspicious. Now they admit to lying at the 341. I don't think the original poster even knows what the truth is. Makes me think they gave away the money and cars deliberately. Something is very fishy here. Why is the OP not responding to this thread???

I agree. I read both threads and hopefully the OP sincerely is going to talk to his/her lawyer to get this all mess straightened out. However, it is a very strong possibility his/her case will be dismissed.

[DebtHater]

Why is the OP not responding to this thread???

Although I can only speculate, maybe, he or she got smart and didn't want to further incriminate his or her self any further?

[BankruptinNJ]

Although I can only speculate, maybe, he or she got smart and didn't want to further incriminate his or her self any further?

Exactly.

[Pandora]

Good lord - what a mess!


I'm still trying to figure out how you all knew this person was the same person just by reading 3 posts between 2 user names....when the info wasnt the same and the OP tried to (it seems to me anyway) deliberately hid that fact by changing scenarios around.

Smarties you all are

[OhioFiler]

I find this story preposterous. No one out of work will sell a vacation home and then use the bulk of the proceeds to pay for someone else medical issues. If mom was in poor financial shape she would qualify for care under one of several aid programs.

I doubt any attorney would have been too blind to see all these issues as well.

I submit this poster is yanking our chains.

[Fallonedward]

Good lord - what a mess!


I'm still trying to figure out how you all knew this person was the same person just by reading 3 posts between 2 user names....when the info wasnt the same and the OP tried to (it seems to me anyway) deliberately hid that fact by changing scenarios around.

Smarties you all are

I was wondering the same thing...

This group is very good at detective work...kuddos to everyone here, the info I have gotten thru this forum has been amazing and has really prepared me for what I need to do.

It bums me out that someone would try and yank our chains. My dad told me you can always remember the truth not so much with a lie. This gentleman needs to man up and get his house in order

[SMinGA]

Not only is it not the right thing to do - but it would not make the situation any better. There is a paper trail. Poster is probably having to submit bank statements, title history, etc. to the trustee.

I don't agree with lying under oath (BIG NO NO), but couldn't the OP say that he/she blew the missing money away on gambling? Of course that would be ANOTHER lie and not the right thing to do, but I guess what I am asking is, if they said that to their trustee, it's not like the trustee would know whether or not they are lying. There are plenty of people who file BK because of gambling debts and if the OP said that they tried to make $ by gambling but blew it all, wouldn't that "cover" them and explain why there is no trace/receipts for the missing cash? Again, I am not advising the OP to do this, but it just seems as though that would be an easy way out.