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Do they ask you how you got into so much debt ?

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    Do they ask you how you got into so much debt ?

    It just kept piling up for me. Does it have to be some sob story. I had a bitter custody fight that I uesed 30 grand on but the other 34 grand i can't realy ay how that happened. Life is expensive. It was gas and food and medical bills .
    Chapter 7 Filed 10/17/07
    341 mtg. 11/15/07
    Discharged 2/19/08
    Closed on 2/26/08

    #2
    Nobody ever asked us how we got in so much debt, although others have said they were asked. I think it just depends on the trustee. I would'nt think it needs to be a sob story, just a quick sentence or 2.
    chap 7 discharge 06/07

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      #3
      The trustee did ask. It is more out of curiosity on his part.

      Comment


        #4
        Generally speaking, it's never asked. Not saying that it won't be in cases like Spartan where the trustee is just curious(nosey lol). Now a lawyer might ask you so they can get a handle on if you have a problem or not of some kind in case you are wanting to reaffirm a few loans, in their eyes if you have a spending problem it might not be in your best interest (and in a sense...theirs, because they sign their name to it as well) for you to reaffirm. But that is as well, a big IF they even ask. A trustee and the court are not usually concerned how you got there, just whether ot not you can squeeze any assets out to pay a little back to them.
        "Try to save money. Someday it may be valuable again." - Anonymous

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          #5
          I was asked that question, as lawyer predicted I would be. And asked it right up front.

          According to lawyer, he has never had a case where that question was NOT asked. So, it varies, but in New Jersey apparently it is a standard question.

          Comment


            #6
            I think it varies by the Trustee and the area of the Country. Some do ask, some don't.

            Our Trustee didn't ask anyone at our 341 how they got into debt. He did ask about things contributing to Filers' debts. Like houses, business debts, taxes and such. But he never outright said, "How did you get into this position??"

            Several people were letting their houses go back in BK. One guy had tried to make a go of it in his own business and failed. He had gotten a traditional job but was still below the Median. Somebody there owed back taxes that could not be Discharged. They had already taken care of arranging a payment plan with the IRS and State.
            Filed Ch 7 - 09/06
            Discharged - 12/2006
            Officially Declared No Asset - 03/2007
            Closed - 04/2007

            I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

            Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

            Comment


              #7
              definitely varies...mine didn't ask....it was almost the end of the day at my 341...but I was ready....bummer....I'd have liked to have seen the look on his face after my dramatale!
              Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
              Who it was we were below, where we've been and where we go

              Comment


                #8
                I'm afraid of that question because I don't know how to sum it up in a concise answer. Much of it was accumulated back in 2001 when I lost one of my jobs. I took a lot of cash advances a couple of years ago on vacation. And last year I bot a car. If I go into all that crap a trustee is likely to become annoyed with me and then do god knows what just to screw me over. Anybody can see from my living conditions that I accumulated nothing, a no-name cheap TV, a small portable stereo and a 4 year old computer are the most valuable things I have. My carpet has holes and the paint is peeling off the walls. Some of my clothes are years old and threadbare. I have nothing to show for $25K worth of debt, and no good explanation for how I got it.
                Filed C7: 04/25/2007
                341: 05/21/2007
                Last Day for Objections: 07/20/2007
                Discharged: 07/23/07 Closed: 07/26/07

                Comment


                  #9
                  I was afraid of being able to sum it up in a concise way as well - I didn't want to ramble on, talk to long, etc. - know how you feel. And I posted here to ask for advice.

                  SinkingFast told me, looking at my story, to state it simply: "Divorce coupled with a series of job losses and extended periods of unemployment.
                  It's true, short, sweet, and to the point."

                  And that was exactly right because that IS the summary of my story. It is tempting to go into a longer explanation because many of us feel that weight and have guilt and want to explain, to justify - when we know all the details of what led up to the debt, it can be tough to just leave it alone and not give a more detailed life accounting!

                  I have A LOT more debt than you, and not a damn thing to show, so I wanted to EXPLAIN, EXPLAIN. Not a good idea! Took all the advice I was given and summed it up today in no more than 15 seconds.

                  Don't worry if you do get asked that question - they just want it to be brief and honest.

                  Comment


                    #10
                    Originally posted by Hopeless View Post

                    Don't worry if you do get asked that question - they just want it to be brief and honest.
                    That's for dang sure!!

                    On our 341 day, the Trustee wasn't even allowing for 5 minutes per case. He scheduled 8 for each half hour. Some cases took a tad longer, others, the Trustee flew thru.

                    At $60/BK Case, they've really gotta be quick on No Asset cases especially, or they don't make any money.
                    Filed Ch 7 - 09/06
                    Discharged - 12/2006
                    Officially Declared No Asset - 03/2007
                    Closed - 04/2007

                    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                    Comment


                      #11
                      I flew through the 341 meeting, no questions asked. AND most of my debt was from gambling SO YOU KNOW, plenty of cash advances here. A big one in APRIL $6000 in fact I had blown the whole credit card up of $10,000 credit in less than a week. NO QUESTIONS ASKED, NO OBJECTIONS. Guess I got lucky!

                      Best Wishes, CMIYC
                      July 2006: Filed Ch13 :blink:
                      Oct 2006: Converted to Ch7 :clapping:
                      Jan 2007: DISCHARGED :clapping:
                      Nov 2007: CLOSED :yahoo::yahoo::yahoo:

                      Comment


                        #12
                        Originally posted by CATCHMEIFYOUCAN View Post
                        I flew through the 341 meeting, no questions asked. AND most of my debt was from gambling SO YOU KNOW, plenty of cash advances here. A big one in APRIL $6000 in fact I had blown the whole credit card up of $10,000 credit in less than a week. NO QUESTIONS ASKED, NO OBJECTIONS. Guess I got lucky!

                        Best Wishes, CMIYC
                        Hey cmiyc....i notice you are in falls church, i live in bethesda, is there any chance i will get lucky enough to have your trustee or is it by state?

                        Comment


                          #13
                          Im Afraid You Might Tell On Me ! Hah !

                          Cmiyc
                          July 2006: Filed Ch13 :blink:
                          Oct 2006: Converted to Ch7 :clapping:
                          Jan 2007: DISCHARGED :clapping:
                          Nov 2007: CLOSED :yahoo::yahoo::yahoo:

                          Comment


                            #14
                            Originally posted by ciacbw View Post
                            Hey cmiyc....i notice you are in falls church, i live in bethesda, is there any chance i will get lucky enough to have your trustee or is it by state?
                            It's by State. And if the State is large enough, there can be multiple districts in a State.
                            Filed Ch 7 - 09/06
                            Discharged - 12/2006
                            Officially Declared No Asset - 03/2007
                            Closed - 04/2007

                            I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                            Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                            Comment


                              #15
                              Originally posted by CATCHMEIFYOUCAN View Post
                              Im Afraid You Might Tell On Me ! Hah !

                              Cmiyc

                              lol no worries... My screen name is the old email addy of grandad. I am named after him and I now use the screen name to honor him....kind of cheesy i know but he was an awesome person. He and my grandmom always helped me out and if he were still around I would not even be in the mess i am today. i can only imagine what he is thinking about me right now. He helped me so many times which in some way probably also helped me get here. I know though he would be even more upset with my dad for some of the estate shadiness that went on but I digress and vent so my apologies. i know we are responsible for our own mistakes and I am now paying the piper but are we not supposed to look out for family??? anyway my grandad was the best and quite the interrogator

                              Comment

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