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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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in divorce/bankruptcy is family lawyer able to ask questions

Customer Question

in divorce/bankruptcy is family lawyer able to ask questions at the 341 meeting of creditors.
my husband lied in the 341 meeting and my family lawyer was not there claiming that there was a stay on the divorce due to bankruptcy. These lies could have been corrected if she was there.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.
Hello,

So sorry to hear of your dilemna. I will strive to provide you with legal information to assist you.

I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information on this open and nonconfidential forum.

You are correct that had your attorney attended the 341 hearing, he would've had the opportunity to question your husband. Your attorney may now schedule a 2004 Examination which is an examination under oath in the bankruptcy court. You or your attorney may also contact the trustee directly and inform him of the misstatement. If the misstatement affects the assets available in the bankruptcy, the trustee may schedule a 2004 Examination.
Customer: replied 6 years ago.

after my husband filed chapter 7 his divorce attorney filed a motion in circuit court to modify the DSO due to his clients bankruptcy. My attorney answered by stating that we did not know the financials and would not modify DSO.

341 meeting was scheduled for August 7 and my attorney was on vacation. The motion for modification was scheduled in circuit court August 6. My attorney sent her partner. The partner did not know the exact circumstances and the future ramifications. The Judge in circuit court filed an "administrative stay" on the divorce due to bankruptcy. On August 7 my husbands attorney stated in the 341 meeting that the DSO was waived and that he did not owe me anything.

Expert:  Ellen replied 6 years ago.
Thank you for your additional information.

You will need to file a proof of claim in the bankruptcy case to correct the record. Here is the form:
http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/BK_Forms_Official_2010/B_010_0410.pdf

Good luck.