https://www.avvo.com/attorney-answers/53548-wi-jay-nixon-1529181/answers.html
Jay K. Nixon, Avvo Rating: 10, Bankruptcy & Federal Criminal Attorney in
Kenosha & Janesville, WI.
Merely continuing the 341 meeting is routinely done anytime
that the trustee lacks desired information.
Recent bank statements are always required, but the trustee might now
also have requested older bank records, and the US Trustee's (i.e., the US
Department of Justice, parent agency of the FBI) appearance probably might be the
reason, since their office routinely does a more in-depth digital investigation
than any trustee could. That might have
flagged some irregularity, which does not necessarily mean criminal activity,
but sometimes can. If you are
concerned, you should immediately retain seasoned bankruptcy counsel (ideally a
seasoned federal criminal lawyer who has served on the US Trustee's Standing Ch
7 trustee panel in the past), since you now have the option of claiming 5th
amendment rights; remaining silent in bankruptcy court. That would lead to a denial of your
bankruptcy discharge, but most would agree that liberty is more important.
Crimes investigated through bank records could include unreported/illegal
income, money laundering, tax or bankruptcy fraud, and numerous other financial
crimes. Non-criminal goals are also
common, however, since the US Trustee also enforces the means test, the goal of
which is forcing higher income debtors (above the state's median income) into
chapter 13. There, they might have to
pay something to creditors, unlike in chapter 7, where payments to creditors
are relatively rare. If the reason is
strictly financial, such as encouraging payments to creditors, then financial
negotiations and settlements with creditors (and the government) are another
possibility, although the complexities of bankruptcy require highly
sophisticated counsel with extensive experience in both specialties to conduct
such negotiations.
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