ANOTHER 341 STORY....by Steve Duhl 
Wednesday, March 16, 2011, 08:47 PM
Posted by Administrator
It is unusual that much happens at 341s (the "Meeting Of Creditors" in bankruptcy cases...run by the Trustee...that creditors rarely come to). For honest, financially depressed Debtors, it can be over in 90 seconds. For lying, cheating cheaters, the questioning can take longer.

I am not suggesting that today's ex-produce broker (mostly berries, he said..."blue berriest, black berries")...was anything less than honest. He testified (all of this is public record and he wasn't my client) that his business failed because of his business associates.

When the Trustee asked the man's lawyer if he could see a copy of the 21 count federal criminal indictment now pending against the man in Mississippi (apparently charging, among other things, embezzlement), I thought nothing of it. The Justice Department makes mistakes all of the time about who it has Grand Juries indict. When the man said that his Mississippi lawyers (to whom his brother-in-law paid $40,000) were going to get the case thrown out, I thought to myself "No doubt about it."

On the other hand, it sort of mystified me why someone with financially based criminal charges against them would file for bankruptcy. The Constitution says that you can't be forced to testify against yourself in a criminal case. So, why would you file a civil case...like a bankruptcy...and open yourself up to questioning? If you want to get a bankruptcy discharge...you've got to answer questions and maybe some of those questions will be a lot like the questions the US Attorney's Office might ask you if there wasn't that whole thing in the constitution about not having to incriminate yourself.

I figure I am just missing something.
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