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341 Hearings - I observed 35 of them - here are my notes

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    #46
    Originally posted by Bell30656 View Post
    My attorney had got my tax return, driver's license and social security card from me just prior to the 341. When we sat down the trustee asked me my full name as I answered my lawyer handed him the tax return, license and SS card. The trustee glanced at them and handed them to me.

    My lawyer then told the trustee about an opportunity that I had just received at work. I cringed. Even though the lawyer told me it would be no issue, I was worried. He explained about the promotion I had just received and how it would help me get my life restarted. This promotion had been published locally and I was very worried about how it would look there was a substantial raise over my current salary.

    The trustee shook my hand and told me that I should look at bankruptcy as a snapshot of my financial situation on the date I filed rather than trying to view it as a movie. That was it, the 341 was over.
    Wow! That's incredible news.

    The only thing better would be for a judge to have ordered it to be the same way.

    Were you over or under the median income??


    I wonder if this came into play?

    How much negative DMI did you have on the Means Test?

    How much negative DMI did you have on Schedules I & J?
    Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--Discharged

    Comment

      #47
      341 hearings

      gman you da man !!!

      Bravo !!!

      Excellent post my friend, thank you

      Tom in Colo
      Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

      Comment

        #48
        Originally posted by gman View Post
        It sounds as if your strategy was to dump as many expenses into the Means Test as humanly possible - and force the Trustee to try and get rid of them one by one.

        Do you have any idea what your final DMI was on your Means Test? It would be on Line 50.

        Also - were you able to find your amounts for LINES 42, 43 and 44?

        I actually like your strategy as opposed to be ultra-conservative.
        Tobee: thanks for sharing so much good info
        Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

        Comment

          #49
          Unemployed
          Unemployed people were asked if they had a new job. No one who was unemployed had found a new job so I do not get to observe any follow-up questions on this.
          Not sure what to say on this one. I going to Army basic training in November. What do I tell the trustee?
          Filed Ch 7 8/12/10
          341 Meeting 9/15/10
          Discharged 11/15/10

          Comment

            #50
            Originally posted by ironpirate View Post
            Not sure what to say on this one. I going to Army basic training in November. What do I tell the trustee?
            "Don't ask...Don't tell..."

            Sorry - could not resist.

            In all seriousness, only respond to the question that is specifically asked.

            If they ask are you employed now....then you have one answer.

            If they ask have you accepted a job offer....then you have a different answer.

            The key is responding to the question they ask - and that question only.
            Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--Discharged

            Comment

              #51
              Originally posted by gman View Post
              "Don't ask...Don't tell..."

              Sorry - could not resist.

              In all seriousness, only respond to the question that is specifically asked.

              If they ask are you employed now....then you have one answer.

              If they ask have you accepted a job offer....then you have a different answer.

              The key is responding to the question they ask - and that question only.
              So if they ask me "Did you have a new job or a job offer by the time of your 341"?
              Tell them I have a job offer starting in November with the Army? I'll ask my lawyer before hand also.
              Filed Ch 7 8/12/10
              341 Meeting 9/15/10
              Discharged 11/15/10

              Comment

                #52
                Originally posted by ironpirate View Post
                So if they ask me "Did you have a new job or a job offer by the time of your 341"?
                Tell them I have a job offer starting in November with the Army? I'll ask my lawyer before hand also.
                I am not a lawyer....but it appears if asked if you have a job offer - you must answer yes (or risk perjury.)

                Just my opinion - not to be taken as legal advice.
                Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--Discharged

                Comment

                  #53
                  Hello,

                  I took the prefiling course within the past seven months but retoke it recently since 180 days had passed. Can I get into trouble for having taken the course twice? Does the court know that I took the course twice? Is there any type of jeopardy attached to having taken it earlier and then retake it?

                  Does the trustee have a database that shows who took the course and when?

                  I just don't want to get myself into a legal jam.

                  thabnks in advance
                  hank

                  Comment

                    #54
                    Originally posted by hankmartin View Post
                    Hello,

                    I took the prefiling course within the past seven months but retoke it recently since 180 days had passed. Can I get into trouble for having taken the course twice? Does the court know that I took the course twice? Is there any type of jeopardy attached to having taken it earlier and then retake it?

                    Does the trustee have a database that shows who took the course and when?

                    I just don't want to get myself into a legal jam.

                    thabnks in advance
                    hank
                    no...it must be taken within that time period, so you were correct to re cert yourself.

                    there are a few ways to notify the court. we did via our atty's code and we rec'd copy of the cert....the atty's office did as well as the court all done electronically.

                    i have heard other take the course get their certs and then have to submit them directly to the court if they are pro se or give a copy to their atty's to submit for them. either way, taking it twice because you went over the time limit was exactly what you needed to do.
                    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                    Comment

                      #55
                      I was over medium but easily passed the means test. There was no disposable income left or under a $100.

                      Comment

                        #56
                        gman,

                        Thank you for this excellent post. So much information. What an interesting day!

                        I am NOT an attorney. This is NOT advice.

                        Comment

                          #57
                          Originally posted by Bell30656 View Post
                          I was over medium but easily passed the means test. There was no disposable income left or under a $100.
                          when you say you were over the medium but easily passed the means test. Can I ask how did you do that. We are using IRS standards for expenses, are there other expenses that I'm missing that I can include?

                          thanks
                          Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

                          Comment

                            #58
                            Originally posted by Fallonedward View Post
                            when you say you were over the medium but easily passed the means test. Can I ask how did you do that. We are using IRS standards for expenses, are there other expenses that I'm missing that I can include?

                            thanks
                            Fallonedward, I'm exactly in the same boat as in I am 16K over median and passed means test. My factors were underwitheld taxes which are allowed to be forward looking on means test and high childcare expenses (almost 1K/month), back due IRS & state taxes under installment agreements, and a monthly car payment that just about meets the max. IRS standard plus public transportation since my wife uses exclusively public to go to and from work. I think my lawyer also added about 200 of telecomm expenses on that one miscellaneous line.

                            Hope this helps.
                            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

                              #59
                              A big factor in mine was the child support.

                              Comment

                                #60
                                Gman: THANKS ! thats one of the best reports I've read on the forum in a long time..
                                So thorough and well-organized....just great>

                                Comment

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