What is the name of your state? FL
I just want to tell y'all, because I've gotten MUCH great advice here, I was so terrified about this the 341 hearing but it went GREAT!!!
I sat there all afternoon and listened to one sad case after another. It truly was heartbreaking, which actually fortified me for when my ex's case came up. Not a single creditor showed up for anyone all afternoon--I guess they seldom do--and we were among the last, so the trustee was certainly surprised, but a little intrigued. He asked if I had many questions, and I briefly said that as the debtor's former long-term partner, I was familiar enough with the information to recognize a lot of irregularities that most creditors wouldn't (don't default on your pals, people!), so I actually did have a number of questions, though I knew time was short, and he said yes, I better make it quick. But as soon as I got going--my ex's attorney tried to raise objections to almost everything I asked, but my questions were non-confrontational, polite, valid and RELEVANT, and not ONE question did I ask that the trustee did not find very interesting and have some follow-ups of his own for it. He let me go on for TWENTY minutes (this filing was full of lies and omissions that no normal creditor could have known about), and he finally stopped me and said that if I wanted to come back, I could, but I'd have ask for another appoinment, and then he said "Of course, I am not on anyone's side here, you understand that, but I will tell you tat you have some issues here, and if you want to pursue this, I STRONGLY advise you to get an attorney, because bankruptcy law is arcane and you've done a fine job here, today, but believe me, you are just not equipped to do this on your own." And then he turned to my ex and said, "And YOU, you will need to ..." and proceeded to ask for a LIBRARY of documentation for everything on the filing, because I'd pointed up an awful lot of omissions and inconsistencies. My ex's attorney was ticked, because there were a bunch of things he didn't know about that came out of left field at him. By the end, he had quit objecting and was just listening to all my questions. But that was that. This one other BK attorney there came outside after me and hailed me and told me I really need an attorney. He said "You've got some strong issues there, but you've GOT to get a lawyer." He said he only does debtor work or he'd be happy to take it, because "every lawyer likes a client willing to do their homework." How nice of him to say so!!
So thanks to everyone for your help, and again, my heart goes out to you folks who really end up needing protection of the bankruptcy court. But this is just a spite filing, totally fraudulent, and I wanted to do my best to point that out. I can't afford an attorney, so I think I've done all I can, but once the trustee sees the brokerage account statements and the taxes, etc. etc., I think it will be pretty clear that this is an utterly specious filing. Good luck to you HONEST DEBTORS who need that fresh start, and thanks to all who advised, especially JETX and Ladynred.
ana
I just want to tell y'all, because I've gotten MUCH great advice here, I was so terrified about this the 341 hearing but it went GREAT!!!
I sat there all afternoon and listened to one sad case after another. It truly was heartbreaking, which actually fortified me for when my ex's case came up. Not a single creditor showed up for anyone all afternoon--I guess they seldom do--and we were among the last, so the trustee was certainly surprised, but a little intrigued. He asked if I had many questions, and I briefly said that as the debtor's former long-term partner, I was familiar enough with the information to recognize a lot of irregularities that most creditors wouldn't (don't default on your pals, people!), so I actually did have a number of questions, though I knew time was short, and he said yes, I better make it quick. But as soon as I got going--my ex's attorney tried to raise objections to almost everything I asked, but my questions were non-confrontational, polite, valid and RELEVANT, and not ONE question did I ask that the trustee did not find very interesting and have some follow-ups of his own for it. He let me go on for TWENTY minutes (this filing was full of lies and omissions that no normal creditor could have known about), and he finally stopped me and said that if I wanted to come back, I could, but I'd have ask for another appoinment, and then he said "Of course, I am not on anyone's side here, you understand that, but I will tell you tat you have some issues here, and if you want to pursue this, I STRONGLY advise you to get an attorney, because bankruptcy law is arcane and you've done a fine job here, today, but believe me, you are just not equipped to do this on your own." And then he turned to my ex and said, "And YOU, you will need to ..." and proceeded to ask for a LIBRARY of documentation for everything on the filing, because I'd pointed up an awful lot of omissions and inconsistencies. My ex's attorney was ticked, because there were a bunch of things he didn't know about that came out of left field at him. By the end, he had quit objecting and was just listening to all my questions. But that was that. This one other BK attorney there came outside after me and hailed me and told me I really need an attorney. He said "You've got some strong issues there, but you've GOT to get a lawyer." He said he only does debtor work or he'd be happy to take it, because "every lawyer likes a client willing to do their homework." How nice of him to say so!!
So thanks to everyone for your help, and again, my heart goes out to you folks who really end up needing protection of the bankruptcy court. But this is just a spite filing, totally fraudulent, and I wanted to do my best to point that out. I can't afford an attorney, so I think I've done all I can, but once the trustee sees the brokerage account statements and the taxes, etc. etc., I think it will be pretty clear that this is an utterly specious filing. Good luck to you HONEST DEBTORS who need that fresh start, and thanks to all who advised, especially JETX and Ladynred.
ana