Trustee requests prior to actual 341 meeting

[hedgecat]

I really think you need to find out from people in your area.


I'm in Alabama and after reading this forum, I was having panic attacks about what they might ask for at or before the 341. People write about telephonic pre-341 meetings and kinds of other procedure. I also filed Pro Se so I was worried that maybe the things that would normally be sent to an attorney just weren't making it to me (a little paranoid maybe?). I sent my tax returns to the trustee (even though no one asked me but the clerk suggested maybe I might want to). I never thought about actually calling the trustee (a good suggestion).

I get to the 341 yesterday with a huge folder with my bank statements, extra copy of my taxes, etc. and not only did they not even check my id, the trustee asked me five questions and said he had nothing further for me and I could go.

Seems to be different everywhere you file.

[NoMoreCards]

My 341 meeting is a week from now. I'm in SE Michigan. I haven't received notice of the trustee wanting any additional documents. When I filed 3 weeks ago, I just had to include 2 years' tax forms and 2 months' bank info. As I was self-employed, I expected the trustee to want to see more documents. I'm going to check with my lawyer tomorrow, but should I assume my trustee won't want to see anything else since the 341 meeting is only a week away?

I am in Michigan as well. I had to provide all this information to my attorney when I filed and he forwarded them all to the Trustee. So for my 341, all I was required to bring was my SS card and License. I believe they typically review all this prior to the 341 here. Your attorney will be familiar with the districts specific process and needs.

[Violet]

I am in Michigan as well. I had to provide all this information to my attorney when I filed and he forwarded them all to the Trustee. So for my 341, all I was required to bring was my SS card and License. I believe they typically review all this prior to the 341 here. Your attorney will be familiar with the districts specific process and needs.

My 341 is tomorrow. I called my lawyer to see if the trustee had requested any other information. He said she hadn't, so not to worry about it. He mentioned that there were a LOT of meetings scheduled. This is Detroit so that is to be expected.

I am bringing all my financial documents going back a year just in case. My bag is quite heavy!

NoMoreCards, do you remember the questions you were asked by the trustee? Were you asked, for example, why you incurred your debt?

[chloeblkburn]

Thanks Tigergem for this info. I have to see the trustee on Friday and I'm losing my mind with worry.

[tigergem]

Thanks Tigergem for this info. I have to see the trustee on Friday and I'm losing my mind with worry.

Are you in Texas? The 341 isn't really all that bad. Really. Just answer the questions yes or no as appropriate. It'll be over in 5 minutes so long as you are honest, and were forthcoming in your petition and schedules.

[chloeblkburn]

Ooo i wish i was in texas dear. haha. I'm in Ohio.
I'm concerned because my lawyer didn't ask for proof of my food expenses until after he filed my paperwork. I hadn't been keeping receipts. Now I've been scambling and saving my receipts. However my meeting is this coming Friday. I'm concerned that the trustee will dismiss my case because I won't have a full month's worth of receipts. Do you think he'd give me a continuance? I trusted my lawyer way too much. I should have done more research on my own. he kinda messed me up i think.

Thanks for replying sir (or mam???) very comforting...

[tigergem]

A full month of receipts? I can see that might be necessary if you some high expenses on a regular basis, like prescriptions or special food items. I normally keep my receipts in an envelope for a month or two anyway. In case I need to return something. But my trustee didn't ask for these. I may have had them with me, but I didn't make copies of them. Just the "extraordinary" ones, and then he didn't even want those.

I wouldn't think your filing would be dismissed for not having grocery receipts. Try not to worry about it. Collect what you can. Do you write checks or use your ATM card? If so, tell your attorney the expenses are listed in your bank statement.

[zenia]

In Ohio my 341 meeting /law suit Help


I went to my 341 meeting on 6/8/2010 I have a case with a law suit!
I hope the trustee will abandon the law suit so I may move forward , If the trustee does abandon the law suit does any one know what will happen?
Like how long it might take for him to abandon the law suit?

This suit is against a doctor. We dont know what the case might be worth .
The trustee wants to talk with my attorney about this matter???????????
HUM , I am new to this site , my guess is that he will talk with the attorney, and he might keep the Bk open to see if there is any money for the trustee. I did chapter 7. I have not hired the attorney just yet because if the trustee doesnt give this case up , my attorney can not make any money.

I really think if I would get money from the suit, it would go to my creditors?
Does any one know anything about my problem? No creditors showed up at the 341.
Filed chapter 7 on 4/9/2010
341 meeting on 6/8/2010 5 minutes and I was done

[avmarathe3]

Is there a possibility that you will benefit financially from the lawsuit? What is the possible benefit? Will the benefit be more or close to your liabilities? The trustee will want to know these amounts before he/she makes a recommendation. How is that you have not hired the Att'y and trustee wants to talk to your att'y?

[newbie2]

I went to my 341 meeting on 6/8/2010 I have a case with a law suit!
I hope the trustee will abandon the law suit so I may move forward , If the trustee does abandon the law suit does any one know what will happen?
Like how long it might take for him to abandon the law suit?

This suit is against a doctor. We dont know what the case might be worth .
The trustee wants to talk with my attorney about this matter???????????
HUM , I am new to this site , my guess is that he will talk with the attorney, and he might keep the Bk open to see if there is any money for the trustee. I did chapter 7. I have not hired the attorney just yet because if the trustee doesnt give this case up , my attorney can not make any money.

I really think if I would get money from the suit, it would go to my creditors?
Does any one know anything about my problem? No creditors showed up at the 341.
Filed chapter 7 on 4/9/2010
341 meeting on 6/8/2010 5 minutes and I was done

I'm a bit confused about the "not hired an attorney" and the "trustee wants to talk to my attorney" thing, but regardless: If the trustee wants he can keep your BK case open while waiting to see how your lawsuit plays out.

My understanding is that you could still be discharged, but it would show as an "asset" case until closing and the trustee could determine if there really ARE assets (IE: lawsuit money coming to you)

[BKDefender]

I read this as 'I have not hired an attorney for my bankruptcy and filed pro-se' and that the trustee wants to talk to the attorney who was representing Zenia in her lawsuit prior to filing bankruptcy.

Zenia - if the trustee determines, after speaking with your attorney on the lawsuit, that there is a possibility of recovery, you'll still get a discharge but the trustee will keep your bankruptcy case open until the lawsuit is completed so the trustee recovers the money and distributes it to your creditors pro-rata based on the proof of claims that were filed. If your litigation attorney took the case on contingency then the trustee needs to agree to continue with using that attorney for the case. The trustee has the right to hire a different attorney to take the case if the trustee wants though, but will have to pay or accept an attorney lien for the reasonable number of hours x the reasonable hourly rate of your current attorney.

Remember, the trustee's rights to the lawsuit proceeds are the same as yours, so the proceeds of the lawsuit have to first pay the attorney's fees based on your agreement with your attorney, and any medical liens (if you were treated by a doctor who took a lien.) You'd then need to determine how much of the remaining proceeds are exempt under your state's statutes and the remainder would go to the trustee.

--William

[zenia]

Did I reply the right way on here ?

I went to see an attorney , about this law suit and I guess the Attorney knows the trustee, And the Trustee said I know who the attorney is and the trustee said I will contact that attorney and let your bankruptcy attorney know about this as well.
I was told the trustee that had my 341 meeting was a good one and he doesn't
usually go after the law suites. The trustee did ask me how do you remember the date of 4/23/2010 I said because that was the day I took a client to see that doctor. The client is older and I would think he might have a case as well , its called an assault and battery case. This has been an ongoing problem with this doctor, I did report it to the area of aging. But they had nothing to say.
I have called the office and asked to see a different doctor but this same doctor always comes in to the room.

The attorneys I went to see said oh yes you have a case and were going to not charge me for the law suit, just take 1/3 of the money , Does the client have a case as well? I am not sure as of yet I would think he would since this doctor did the assault and battery in front of him. And it was on 4/23/2010
that my client saw this happen to me. My bankruptcy was filed on 4/09/2010.
I would love to share with you all the details but because this is a public board
I think I need to watch what I say , and not use any names.
I did have to make an amendment to the bankruptcy so it was listed , that I might have a law suit and the amount is unknown.

No I never went out with this doctor, nor did I do a thing to deserve what he has done to me. I made it very clear to this doctor I want no part of any of his actions. Remember it is my job to take this client to see the doctor. I am in a small room with the client and the doctor and no one else is in the room.

Back to the trustee, my bankruptcy attorney said , the trustee might give hints as to if he will abandon the case. What this means I have no idea. Then the bankruptcy attorney said he might (the trustee) want you to pay for the abandon of the law suit. Does this make any since? I don't under stand how the trustee works. If the trustee does abandon the law suit does this mean any money I would get would go to me?
Lost in Ohio
thank you

[BKDefender]

If the trustee believes that the case is worth $10k, has a 50/50 chance of winning, but that it will take two years for the case to be over with, the trustee might sell you his claim for the case for $500.00 or some number that he feels he can justify to the UST's office if questioned. If you pay that money the trustee will abandon his claim to the case and you can proceed as normal.


--William

[zenia]

When will I know if the trustee abandons the law suit?

If the trustee believes that the case is worth $10k, has a 50/50 chance of winning, but that it will take two years for the case to be over with, the trustee might sell you his claim for the case for $500.00 or some number that he feels he can justify to the UST's office if questioned. If you pay that money the trustee will abandon his claim to the case and you can proceed as normal.


--William

How long do you think , it will take before I know if the trustee will abandon
my law suit? And if I do pay and he does abandon the suit does that mean the money I do get is all mine to keep? I just dont know how all this works.
And I wonder how I will know that he is going to abandon the suit.
I am very happy I found the support on here, I have no support in Ohio.
at the 341 meeting I was not to tell the name of the doctor , per my attourneys advice, but when he turned off the recorder and said off the record what is the name of the doctor , and i had to tell the trustee and he made a note of the doctors name. I was told the case is woth more if I dont tell the doctors name.
I am just so upset over this whole thing , the BK, the law suit any thing you might help me with would be such a great thing
Thank you

[BKDefender]

When a trustee 'Abandons' an asset or a claim on an asset, the trustee is officially giving up any claim the trustee has to that asset. So when a trustee abandons the lawsuit what it means is the trustee is giving up any rights the trustee has as to claims on any proceeds from the lawsuit.
So yes, if he abandons the lawsuit then you would be able to keep any recovery after paying your attorneys fees, and other costs.

You will know if he abandons it when he files something with the court system stating that he abandoned it and serves a copy of it to your bankruptcy attorney (or to you personally if you are handling your BK pro-se.)

As to telling the doctor's name - you cannot refuse to disclose the names of the doctor (at least in terms of the trustee being able to request dismissal of your case if you refuse) because when you file BK your right to sue the doctor is taken over by the trustee. You only get that right back if the trustee abandons it. As such, the trustee is the one with the claim against the doctor until he abandons that claim.

Please don't take this the wrong way - but this is exactly why bankruptcy attorneys exist, because this is not always easy stuff.

I'll be happy to keep answering your questions, though all of my answers will relate either specifically to Nevada law or to national bankruptcy law, not Ohio specific law, which I'm sure is a bit different than Nevada law!


--William