another question about 2004 examination

[jadedone24]

What is the name of your state? AR
I have as much information together as they have asked for. Do you think they are mainly wanting to know what they listed as documents they needed from me? I just realized I did not put down a $33.00 check I received as a royalty that I filed this year on my income tax, can I just tell I forgot to include it? Or will I get in trouble over not listing it--I wasn't hiding just forgot! They want documents on 2003 and 2004 tax returns, my job pay stubs, my husbands proof of disability and wanting to know why I listed a $314 car payment when I didn't list owning one (I drive the car that is not in my name, it is my father's name and I listed the car payment on it) and bank statements. I couldn't afford to pay my bank a year back on them, but I got together what I could and will gladly hand them my check registry. Do I need to make note of what all I charged on my cc? My attny. said worst case scenario is they make me roll into a 13 or dismiss it completely. Will I know after the meeting or will they notify me, or can this thing go on and on? Can I go to jail!!!!!!!!!!!

 

[Ladynred]

You're not going to go to jail.

On the car payment - who's name is on the loan ?? If your name's not on the loan, why are you paying it ?? That is one thing the Trustee investigator would probably want to know and could be the sole reason for this whole investigation.

I wouldn't worry about the $33 check, its not going to sink you, but mention it anyway so there is no possibility they'd question it. People are fallible..we forget things - they know that.

Hard to say if you'll know the day of the exam, you may not hear until after the investigator gets back and presents his findings to the US Trustee - and you'll be notified in writing.

 

[jadedone24]

the bank loan is in my father's name and I only reported it because I do drive the vehicle and when I was able to, I made the payments. Now, obviously, I can't so he is. But, I wanted to make sure I listed everything they asked for--but of course I forgot the $33. I will mention it to them next Monday. I do thank you for all your advice and reassurance!

 

[Ladynred]

Aah.. well.. that loan isn't your liability, so the payments, as an expense, may not be allowed, but talk to your lawyer about it.

 

[jadedone24]

I hate to say this but I have lost a lot of faith in my lawyer. It should have been a red flag in the begining when I told him the house I was living in belongs to my father also, so he put that I was paying rent (he said if you were living anywhere else you would be) but now they are wanting to know all this stuff and I cannot lie about it so what do you do just bring a list of my expenses? Or, is it to late at this point? The whole reason I am doing this exam is because my lawyer didn't get me the letter requesting it until the deadline had passed! I am at the point now that I can't turn back I just have to play the cards dealt, but do you think going in early or sending him a list of things that needs to be changed is a good idea?

 

[spoiler]

He was probably helping you with your living expenses. Won't you pay rent to your dad when the bankruptcy is over?

 

[jadedone24]

I will if I can--sure, anyone else would or they wouldn't have a place to live. I am just going to explain this to the trustee. I am worried he will think I am lying, but what else can you do?

 

[spoiler]

He won't think you are lying. Just tell him you pay rent to your dad for renting out his house and tell them that you pay the car payment because your dad is letting you use the vehicle. your lawyer had to have handed in a schedule of your expenses. Ask your lawyer for a print out of those expenses so that you can be prepared for what he put on them. Then I would only answer the questions the trustee asks you.

 

[jadedone24]

Ok I will do just that. I am wondering...and I know I shouldn't think negatively, but if they do make me roll this into a 13 what all will I have to go through OR if they dismiss it then is it likely those creditors will sue me? I wonder if this is the end of the road so to speak, I filed in November.

 

[jadedone24]

overview of my case before exam on Monday...any projection would be informative:
$60,000 in cc debt--my husband is disabled and our income is about $200 a month after I lost my jobs of 4 years. Several of the cc were new and I admittedly told trustee at 314 meeting that because of our financial state, that we were living on my credit. I am sure that is why they are trying to throw out my case for substantial abuse? The difference, I feel, I was trying to make payments on these until August (I filed in November). My husbands disability is in the waiting (it takes a year plus) and we are awaiting hearing. I had hopes that we would have been granted his disability so we could have started making payments on these bills but it hasn't happened...still. I charged groceries, household goods, dentist bills, car maintenance, some cash advances to pay my monthly student loan, paid some utiliity bills up for a few months and worked to fix up my dads rent house. We literally had to put a bathroom in (can my dad be held responsible for any of this since it is his house?!). This is all I can tell the trustee at the exam Monday. It is all truths, that ya I did put these living expenses on my cc! Is there anything I can do to salvage this or is it hopeless?

 

[Ladynred]

Substantial abuse isn't using credit cards to buy groceries and get your teeth fixed. "Substantial abuse' is you having money available to pay your debts but refusing to do so and trying to get them discharged in bankruptcy.

None of what you put on your card(s) is out of line and as long as you can show the Trustee exactly WHAT you used it for, I doubt it will be a big problem.

Its not hopeless. I really think, based on what you've said, its the car payment and no car listed as an asset that raised a red flag to the US Trustee. He's seeing $314/mo going out for a 'mystery' car you don't own.