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Debtor admits in a 341a that she borrowed 7K while
This scenario illustrates the importance of prebankruptcy planning, including aging relatively recent debts for a long enough time to avoid this sort of unfortunate colloquy altogether.
Nicholas Gebelt, Ph.D., J.D.
Certified Bankruptcy Specialist
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Law Offices of Nicholas Gebelt
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The post was migrated from Yahoo.
The trustee asked the question, based on the suggestion of the UST analyst,
who was sitting there as well. She is under the microscope. The trustee
or UST is likely to file a 727 motion.
On Fri, Dec 2, 2011 at 10:55 PM, Dennis McGoldrick wrote:
> **
>
>
> Alik:
>
> Did she make this admission to the trustee, or was there a creditor
> asking questions?
>
> if a creditor, probably need to advise debtor to immediately consider a
> settlement. No, I don't mean offer one before a suit is filed, but get
> ready.
>
> if the trustee, cross your fingers, trustee's file 727 complaints, not 523
> complaints and trustee may not file anything.
>
> d
>
> *From:* Alik Segal
> *To:* CDCBAA Listserv ; NACBA BK BK@mail.nacba.org>
> *Sent:* Friday, December 2, 2011 6:22 PM
> *Subject:* [cdcbaa] Debtor admits in a 341a that she borrowed 7K while
> planning BK. Consequences?
>
>
> I had a client today admit under oath in a 341a that she ran up 7K in
> credit card bills while planning to file BK and knowing that once she files
> BK, this debt will be discharged. What consequences should I expect? What
> is the range of consequences that I may settle this for?
>
> 1. Obviously this debt became nondischargeable.
>
> 2. Could she also face denial of discharge over this?
>
> 3. Are there any other intermediate sanctions?
>
> 4. Are there any other related issues to consider in resisting the
> complaint to deny discharge?
>
> --
> Alik Segal
> Alik.Segal@gmail.com
> 310-362-6157
> California Central District
>
>
>
>
Alik Segal
Alik.Segal@gmail.com
310-362-6157
California Central District
The trustee asked the question, based on the suggestion of the UST analyst, who was sitting there as well. She is under the microscope. The trustee or UST is likely to file a 727 motion.On Fri, Dec 2, 2011 at 10:55 PM, Dennis McGoldrick <easky1@yahoo.com> wrote:
The post was migrated from Yahoo.