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    Roger

    Can your lawyer tell you to "shut up" at your 341 meeting

    #2
    Your lawyer should tell you before the 341 Meeting how to answer questions. We would hold a practice 341 Meeting with clients before the meeting. Your attorney should absolutely guide you during the 341 Meeting and tell you to stop talking during the meeting in response to questions from the Trustee or creditors.

    In the end, hopefully your attorney already informed you how to answer only "yes" or "no" to questions without elaboration unless and until asked for details. Do not just say anything that you want. Most questions are yes/no questions.
    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

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

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      #3
      While I have not actually blurted out "shut up" at a 341, I have kicked more than one client "under the table" thus signalling that too much was being said. I have also objected to creditor questions and instructed clients not to answer. 341 meetings are short so a Trustee typically will take my lead and suggest that the creditor seek a more formal Rule 2004 Order.

      My standard "advice" for any testimony: "Answer only the question that is asked and volunteer nothing extra". Further, "if you do not know the answer, don't guess at it or make something up. Instead just admit you don't know".

      Des.

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