341 is a wrap! Tips for a successful 341

[overourheads]

Our 341 hearing was very similar to yours. We had completed our counseling a few days before it and emailed a copy of the certificate to our attorney's office but didn't hear anything. On a whim I brought a copy to the court and found out the attorney hadn't received the certificate. We were able to avoid a delay by having that piece of paper. We brought all of our documents just in case.

[thoover34]

please share attorney contact info thanks

[scla]

341 Hearing

For most people the 341 hearing should be quick and uncomplicated. Most trustees ask many similar questions that require in most instances a Yes or No Response. You are generally before the trustee for less than 5 minutes in most cases.

[ohiogal]

I have a question. My 341 is next Wednesday, and I never received a request from the trustee for any additional documentation. I asked my attorney if I needed any additional documents and was told we wouldn't know until the meeting. Is that usual? I live in Ohio, filing Ch. 7 no asset.

[blessed]

I live in Ohio also, chapter 7 no asset. Our 341 is on Monday and we didn't have anything requested as of today so I'm guessing we won't.

We did have a list from our attorney to have in a folder to bring with us, said to have the paperwork "just in case". 2009 state and federal income tax returns and how we spent the money, car titles, and bank statements showing balances on the day we filed.

[mermaids614]

Sticky?

I'm new to these boards. I have put of the embarrassment of asking long enough. What does Sticky mean on here?

[SMinGA]

"Sticky" refers to one of the posts that are pinned at the top of the forum. You have to scroll down, below the stickies, to get to the most recent discussions.

I'm new to these boards. I have put of the embarrassment of asking long enough. What does Sticky mean on here?

[NHC]

I have a question. My 341 is next Wednesday, and I never received a request from the trustee for any additional documentation. I asked my attorney if I needed any additional documents and was told we wouldn't know until the meeting. Is that usual? I live in Ohio, filing Ch. 7 no asset.

I had to bring the last 3 years of my tax returns...180 days of bank statements and my SSN card....that was it. (I"m in Colorado)

[sac42375]

Mortgage Payment

We are getting ready to file in 2 more months.... but we are really nervous because we are using our full amoritized mortgage payment as a deduction, but we do have the option to pay the interest only to our bank. What exactly will we have to show to the trustee? Can we just submit our payment receipts because our actually statement shows all the payment options?

[Blueboy]

They wanted our full payment.

[eastbaybk]

Awesome! Great check lists for others. After the 341 the major thing everyone needs to make sure they comply with is the Financial Management Course. Otherwise, you wait and (as long as there aren't any surprises) get that wonderful letter from the Court after 69 days.

[cthornton]

Well I have to say it was a RELIEVING feeling when I left the building. This whole process has been a breeze. I also had a simple case but none the less. I was worried and can say now I SHOULDN'T have been!



From this day forward It'a all about a cash budget, living within my means and SAVING! If anyone has any questions I would be happy to assist since I used this site as a great resource to pick myself up and get some knowledge. I'm OFFICIALLY IN THE 60 DAY CLUB! :P THANKS EVERYONE! Also my attorney was GREAT. If anyone in AZ needs one I'd be glad to share his contact info.


Filed CH 7: 9/7/09
341: 10/13/09
Waiting for discharge!

What does everyone mean by a cash budget after the 341? Does this mean I can't have money in my checking account?

[njbk7]

No tax return filed

Has anyone been to a 341 and not filed a tax return filed for the previous year? I didn't file a 2009 return. (I had no income and wasn't required to). I'm in chapter 7 in NJ. I'm worried the trustee will think I'm trying to hide something, even though my bank statements and other stuff shows that I didn't earn anything.

[mb10240]

Has anyone been to a 341 and not filed a tax return filed for the previous year? I didn't file a 2009 return. (I had no income and wasn't required to). I'm in chapter 7 in NJ. I'm worried the trustee will think I'm trying to hide something, even though my bank statements and other stuff shows that I didn't earn anything.

Federal Rules of Bankruptcy Procedure 4002(b)(3) - "At least 7 days before the first date set for the meeting of creditors under § 341, the debtor shall provide to the trustee a copy of the debtor's federal income tax return for the most recent tax year ending immediately before the commencement of the case and for which a return was filed, including any attachments, or a transcript of the tax return, or provide a written statement that the documentation does not exist."

[nohoneymoney]

Well I have to say it was a RELIEVING feeling when I left the building. This whole process has been a breeze. I also had a simple case but none the less. I was worried and can say now I SHOULDN'T have been!

Here are my tips:

1. The Trustee will request docs about a month before your 341. HURRY AND RETURN THEM. You don't want a delay. That will only make you look bad and look bad in the eyes of the Trustee!

2. BE ON TIME! Dress business casual. First impressions are a must. Remember the Trustee has the power to ask as much or as little as he wants. Dressing professional shows him that you are taking this serous and also shows respect.

3. MANNERS! Be polite and professional when answering your questions.

Aside from that I got there a hour early and met with my Attorney about 30 minutes before it started. When we all went in I went second and was sworn in and seated. Then he asked me a series of about 5 general questions and said "You returned all of the documents I requested, Do you have any questions? (ME: No.) Well then your dismissed, Take care."

For us this advice was right on target. Based on our experience I respectfully ask that you add two more.

4) When the trustee says they have no more questions, thank him/her, get up and leave the room. There have been cases when the creditors arrive late and the debtor has hung around the room, for what ever reason, and the trustee has reconvened the 341 since all parties are still present. Leave the room and the immediate vicinity of the room to regroup with your lawyer, do a happy dance, decompress, etc.

5) Don't bring any paperwork to the 341 meeting that you don't want the trustee to see and read. They have a right to all paperwork brought to the table. While everything on your papers may be honest and correct, it could be mis-understood since it is out of context with your petition and could create doubt with the trustee when none is warranted.