Questioning the Debtor at a 341 Creditors Meeting

[anabanana]

What is the name of your state? FL

About questioning the debtor at the 341:

There are a number of assets that aren't listed or accounted for in this debtor's filing, and I have no immediate way to prove he does or doesn't have them, or sold them, or anything. There are no tax docs attached to the filing, or any brokerage statements or anything for me to examine to tell what's been going on with stock sales, etc. Can I just ask about them? I don't wish to appear confrontational, but I do want to challenge the completeness and veracity of this filing.

There are also lots of other irregularities that I can easily prove with other documentation, so should I try to get all the information and supporting papers to the trustee (I may not even have time) and let him do the questioning, or should I ask the questions myself, since I am more familiar with all the facts? And do I want to blow my whole arsenal at the 341 or withhold some of it for some other point? And what point might that be? Any suggestions?

ana

[JETX]

Yep, ask for anything you want and do NOT be concerned about appearing aggressive. Hell, this idiot is screwing you out of money.

If nothing else, get the little twirp saying what he has or doesn't have on the record and under oath!!!

Personally, I have found that most Trustee's are rather 'lacking' when it comes to looking for debtor assets. The ones I have seen are often simply 'rubber stampers' that take little or no time to research anything, so whatever you can do before the meeting will help. I have had bankruptcies tossed, petitioners and attorneys sanctioned, made them cry, made them come back 'later' with more records, even had some of them (at least threatened) with prosecution for bankruptcy fraud!!
All in all, not a bad way to make up for the ones that 'get away'!!

[anabanana]

Thanks, JETX!!

I'm always concerned that a woman with a personal agenda, even a really legitimate one, will be seen as some kind of harpy, and I don't want that going against me.

But the more I look at this thing, the more I'm amazed by the audacity of it. Perhaps he was advised that no one ever bothers to look into these details, but he should know better than to assume that I wouldn't! I'm journalist for chrissakes! Research and digging up records is half my job!! I used to do it for him!!

And the more I read stuff from the truly down-on-their-luck folks posting here, the more determined I am that this welsher won't be among those who "get away."

And I'm sure you know why it is that when a blonde and a redhead fall off a tall building, the redhead will always hit first...? Right, becuz the blonde stops on the way down to ask directions.

tnx,
ana