341 Hearing-Trustee Question-Ever filed BK before

[1richard1]

At our 341 hearing the trustee asked if we'd every filed bankruptcy before, we both answered "yes." The trustee then notified our attorney sitting next to us that he had 7 days to electronically file, submit some form with the change.

I reviewed our current bankruptcy petition documents, it asks any prior Ch. 7 bankruptcies filed within the last 8 years. Box checked accurately is no. Our prior BK was many years ago, well over 10 years past.

So, what form is our attorney to fill out, provide or information if the prior case was well over 8 years ago? Can you provide some info., elaborate. Thanks

[despritfreya]

If the prior case was filed more than 8 years prior to the filing of your current case there is nothing to amend. Your attorney should simply make a call to the Trustee (or send and e mail) stating that no amendment is necessary.

Des.

[1richard1]

The attorney sat with us, before the trustee. When we responded "yes," we had filed BK before yet over 10 years ago the trustee then asked
the attorney to provide some form. Curious as specifically what needs to be provided, "assuming" prior case # and file date? Just an assumption,
yet would think that would provide proof of no BK's within the last 8 years. Attorney told us that he had 7 days to provide evidence to the court, yet
did not elaborate on what was necessary.

[despritfreya]

Quite frankly the Trustee's request (and that 7 day thing is crap - unless there is some local rule expanding the reporting period - possible but doubtful) is not only irrelevant it is stupid. If he really wants the information he can get it off PACER. Even cases that are too old to be ECF have been catalogued on the system.

I would probably send the Trustee a letter with the case number, chapter and date filed and tell him to have a nice day. Sounds like your Trustee is on a “power trip”. (Just call it like I see it.)

Des.