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341 and nervous about assets

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    341 and nervous about assets

    the 341 is coming soon and I'm gettting so nervousss! our lawyer was not able to cover all of our assets and I am really nervous that the trustee will go after them. but the lawyer also said that trustees cant go after the exempted amount and wont ask about it but I'm not sure I believe him. Like we have some saved up money which is hard earned money and its listed under exemptions but like what if the trustee thinks this money is from credit cards or something? which it isnt and tries to take it away-thats like all we have ahh I'm just over thinking everything right now.

    Does the trustee usually ask about your assets at the 341?
    Filed-10/2008
    341-12/10/2008
    Discharged-3/17/2009

    #2
    Originally posted by adaughter View Post
    Does the trustee usually ask about your assets at the 341?
    Yes. But they usually rely on your Lawyer -- being admitted to the bar and under professional responsibility -- to have prepped everything properly. I've been in the 341 room, and heard the deputy trustee (examiner) tell a Debtor that since their lawyer prepared that, he assumes it's correct. However, there are areas of contention, but let's not focus on that.

    Let's focus on an exemption is an exemption is an exemption. The only time the exemption doesn't work, is if the Trustee makes a Motion with the court to strike the exemption and wins. This doesn't happen often. I think I've seen 2 hearing (docket) entries for my Judge where the Trustee questioned exemptions before the Court.

    Nothing would say that Trustees can't. However, Trustees usually don't argue over things that are well settled in case law.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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