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    341 Long and Boring

    We arrived at our meeting an hour before to observe how other meetings are conducted and also, to lessen our anxiety.
    We ended up waiting two hours because we were the last one in our batch.
    The trustee conducts a group of filers in an hour then takes a five minute break.

    Anyway, there were a couple who brought their kids into the meeting and it didn't go well with the trustee and the UST. The kids were loud and they were crying. I don't think they would have minded if they were well-behaved since the trustee seems to be nice. But they were so loud that their voices may not even be heard in the recorder. It didn't help that their case was also complicated. They were filing for Chapter 7 but they have three houses and could afford $8k mortgage per month. In addition, they drove hella nice cars. I know that isn't enough to justify their situation but when they were asked by the trustee why they didn't get someone to take care of the kids, they responded they don't have money to hire a nanny for the day.
    Well, his wife just have a coach purse and jewelries. Not sure why you can't afford to pay $50 for couple of hours to take care of the kids. Though I feel bad for the wife, since I am a mother myself, it didn't help their case, when they were being questioned about their expenses and questionable bank transactions prior to filing.
    The trustee asked why he withdrew $6k the day before filing. He didn't have an answer and just babbled about other stuff. We were frustrated and kinda annoyed that they took 15 minutes an hour before then had another one for the next hour to wait for the UST to show up with her questions. Then they took another 30 minutes or so. Anyway, thinking about minor things we were worried about such as typo and school tuition expenses seems unimportant. They were spending $2,500 per month to put their 11 yr old kid into private school. No special needs just wanted her to go to private school which they claim they can no longer afford so she'll be going to public school next year.

    Well, after waiting for so long. It was our turn and I was so sleepy. The trustee told us that he never received our documents. I told him I sent it with signature confirmation but left the signature receipt confirmation at home. Luckily, I'm always prepared. I brought all the copies, paystub, tax return and all the documents we filed with me. We handed it to him and proceeded with the interview. We were out of there in three minutes.

    He asked the basic questions:
    Are all of the petition/schedules true and accurate to the best of your knowledge at time of filing?
    Are there any changes or errors?
    Do you understand student loans aren't dischargeable?
    How long before you graduate?
    Why do you have a monthly tuition expense?
    How long ago did you earn any income?
    Are there any creditors?
    You're dismissed, thank you.

    After watching everyone for couple hours, we were nervous watching them but when it was our turn, we felt more relieved knowing in a couple of minutes it will be over.
    If you're filing pro-se, please bring all the documents you filed and proofs with you. I think if we didn't bring our stuff, he would have dismissed our case.
    Although he seems nice, he's strict.

    I was agitated that he made me feel like I was lying to him about not sending him the documents on time. I told him he should have received it two weeks ago. And if he looks on pacer, the amendment schedule is included in our petition and a copy was also served to him.
    He insisted he never received it and made it sound like it was our fault.

    Overall, I think our case went okay. I'm not sure if he'll go over our documents again. He took our copies and made some notes then returned it to us. He just kept the most recent paystub and that's about it. Then he added, if you sent the documents to me then I should have it somewhere.
    Last edited by nomoneyhoney; 08-25-2010, 12:08 AM.
    Filed Chapter 7 Pro Se: July 28, 2010
    341 Meeting: Aug. 24, 2010/ Report of No Distribution: Aug. 25, 2010
    Officially Discharged: Oct. 26, 2010

    #2
    Thanks for sharing. Glad yours went well!!
    Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
    AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

    Comment


      #3
      Nice to see you got thru it pretty easy - though time consuming, obviously.
      So, you were doing a 7, as a pro se, correct? ..were there any other pro se's there that day?

      Comment


        #4
        Sorry in wrong forum
        Last edited by marcia54; 08-25-2010, 09:28 AM. Reason: in wrong forum

        Comment


          #5
          Nomoneyhoney, thanks for sharing your experience. Good for you for being prepared and having all the documents with you. Hopefully it is smooth sailing from now on.
          Filed Chapter 7 on July 30, 2010
          341 scheduled for August 26, 2010 - Done! - Report of No Distribution
          Discharged!!! - November 15, 2010

          Comment


            #6
            Originally posted by ryan View Post
            Nice to see you got thru it pretty easy - though time consuming, obviously.
            So, you were doing a 7, as a pro se, correct? ..were there any other pro se's there that day?

            Yes, we did pro se. We were the only ones in our batch. The trustee goes through a group of people every hour. I think in the morning they were a few pro ses but not that many.

            It was only time consuming because of the people before us and I think we were called last because the trustee claimed we didn't send him any paperwork which is a load of crap. I have USPS signature confirmation because when I talked to him on the phone, I told him I want to make sure that he receives the documents and if I can do a signature guarantee so I have proof of service just in case. He said I can do that.
            I have OCD when it comes to submitting stuff on time. It's like in school, I'm one of the nerdy students who submits an essay paper a week early.
            I think he was hoping we didnt have our stuff so he can dismiss us. Either way I can prove that he received it on time. =)

            Anyway, if you're filing pro se, remember it's better to be over prepared. Bring all your documents with you.

            Good luck on your 341!
            Filed Chapter 7 Pro Se: July 28, 2010
            341 Meeting: Aug. 24, 2010/ Report of No Distribution: Aug. 25, 2010
            Officially Discharged: Oct. 26, 2010

            Comment


              #7
              Originally posted by kartoons19 View Post
              Nomoneyhoney, thanks for sharing your experience. Good for you for being prepared and having all the documents with you. Hopefully it is smooth sailing from now on.
              thanks kartoons19! i hope your 341 tomorrow goes smoothly as well. =)
              hope you share you experience once you get through it.
              good luck!
              Filed Chapter 7 Pro Se: July 28, 2010
              341 Meeting: Aug. 24, 2010/ Report of No Distribution: Aug. 25, 2010
              Officially Discharged: Oct. 26, 2010

              Comment


                #8
                Originally posted by nomoneyhoney View Post

                Anyway, there were a couple who brought their kids into the meeting and it didn't go well with the trustee and the UST. The kids were loud and they were crying. I don't think they would have minded if they were well-behaved since the trustee seems to be nice. But they were so loud that their voices may not even be heard in the recorder. It didn't help that their case was also complicated. They were filing for Chapter 7 but they have three houses and could afford $8k mortgage per month. In addition, they drove hella nice cars. I know that isn't enough to justify their situation but when they were asked by the trustee why they didn't get someone to take care of the kids, they responded they don't have money to hire a nanny for the day.
                Well, his wife just have a coach purse and jewelries. Not sure why you can't afford to pay $50 for couple of hours to take care of the kids. Though I feel bad for the wife, since I am a mother myself, it didn't help their case, when they were being questioned about their expenses and questionable bank transactions prior to filing.
                The trustee asked why he withdrew $6k the day before filing. He didn't have an answer and just babbled about other stuff. We were frustrated and kinda annoyed that they took 15 minutes an hour before then had another one for the next hour to wait for the UST to show up with her questions. Then they took another 30 minutes or so. Anyway, thinking about minor things we were worried about such as typo and school tuition expenses seems unimportant. They were spending $2,500 per month to put their 11 yr old kid into private school. No special needs just wanted her to go to private school which they claim they can no longer afford so she'll be going to public school next year.
                In reading the posts of several other peoples experiences with their 341 hearings it is not uncommon for them to mention a couple/person who has some extra questions asked of them for various reasons but nothing is ever said as to what happens to them. So I am just wondering, what happened with them?

                Comment


                  #9
                  the trustee and the UST want to do a continuance. they asked the couple not to bring the kids or make an arrangement somehow because they are disruptive and loud. after the couple left, the trustee talked to his lawyer and asked him to bring more documents to support his schedule. In addition, they want a firm answer because the trustee felt like the debtor was trying to elude the question and didn't really give a definite answer by saying "i don't remember, i think i did but i'm not sure".
                  there were still two more debtors in the room, their lawyers said "this guy is digging a deeper hole for himself".
                  he couldn't remember withdrawing $6k a day before he filed but it showed on his statement. then five minutes later, he remembers and told the trustee, "he probably did it for his employees" for payroll. Not sure what will happen to the guy but he's in trouble for sure and they're doing another 341 with the UST and probably a judge.
                  Filed Chapter 7 Pro Se: July 28, 2010
                  341 Meeting: Aug. 24, 2010/ Report of No Distribution: Aug. 25, 2010
                  Officially Discharged: Oct. 26, 2010

                  Comment

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