Every chapter 7 or chapter 13 bankruptcy filing involves a creditors meeting which occurs about one month after the case is filed. This meeting can unexpectedly become the perfect storm where, if enough of the wrong factors jell together, the debtor may blurt out the “forbidden reason” for spending down his or her bank accounts before the bankruptcy was filed.
This is where the debtor testifies, with the tape recorder capturing every word, sneeze or other sound, that he or she spent the money so the trustee wouldn’t be able to take it. Then, the room will turn silent while the bankruptcy trustee slowly opens the U.S. Code laying on the table. The trustee will turn the page to section 727(a)(2) of the bankruptcy code, which reads: