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341 meeting with an unexpected twist!

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    341 meeting with an unexpected twist!

    My son’s 341 meeting was today. I did his paperwork for him- my first time. We sat and watched as the trustee called people up. He asked 3 questions to every filer.
    1. Phone number?
    2. Have you sold any property in the last year?
    3. Are there any creditors here?
    You are free to go.

    Without fail, the answer to the last 2 questions was no. Then my son was called. I felt pretty confident that I had checked and double checked the forms, but still had a little fear that I might’ve missed something.
    He asked my son the same tquestions, and he answered. But as he asked if there were any creditors, an attorney stepped forward and said, “yes”. I was totally shocked! My son only had 4 creditors (none secured), besides his student loans. The attorney asked my son if he knew a certain person (no), and if he was familiar with, or held an interest in property located in CA (no). Attorney replied that was all, and the trustee said my son was free to go. The attorney then turned to my son and said, “we can talk outside”. It turns out that someone in CA (we are in AL) was facing a foreclosure sale on Dec. 11th. They created a fraudulent deed, naming my son as the beneficiary, and stating my son loaned them $22,000 and thus secured an interest in the property (a first lien), back in 2010. The property was foreclosed and sold on Dec 10th, and then they produced this fake deed along with my son’s BK filing notice, and used that to invoke the automatic stay! My son would have been 12 years old when he loaned the property owner $22K and secured an interest in the property! 😂
    My son just had to sign papers authorizing that he released the automatic stay on this property that was fraudulently attached to his BK... but man did it give us a few anxious minutes!

    I am so glad that is over. Can I safely assume I didn’t make any mistakes on the paperwork now that we are past the 341 meeting??

    #2
    Case of identity theft. Happened to one of my clients. The response I filed to the Motion for Relief was that the Debtor did not oppose the Motion as the Debtor had no interest in the property. The Stipulation to lift the stay also stated that the Debtor claimed no interest in the property.

    Des.

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