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

[repuman]

Great post! We had our 341 just last week and I was sweating it because we too, were "really close' on our means test. In fact, our lawyer said it twice while reviewing our file just before the meeting, as we're considered a 'higher income' chapter 7 filer. Not a single question about expenses was asked, just the basics. Trustee flipped thru our file, said something about our tax return looking good, asked where I was employed, did I give any $$ to relatives lately. Looked at us, smiled, said he had no further questions and we were free to go. Maybe 3 minutes?

[metoo]

Thanks for the post!

Can you tell us what you saw as far as questioning of joint filers? By that I mean did they ask the husband and wife the same (or different) questions individually or just ask them both at the same time and let one answer?

Thanks

[UghUghUgh]

Great post! We had our 341 just last week and I was sweating it because we too, were "really close' on our means test. In fact, our lawyer said it twice while reviewing our file just before the meeting, as we're considered a 'higher income' chapter 7 filer. Not a single question about expenses was asked, just the basics. Trustee flipped thru our file, said something about our tax return looking good, asked where I was employed, did I give any $$ to relatives lately. Looked at us, smiled, said he had no further questions and we were free to go. Maybe 3 minutes?

What is considered 'higher income' ch 7? Over 100k? I am curious, new here and have not seen that term before.

[researchnerd]

Thanks for the post!
Can you tell us what you saw as far as questioning of joint filers? By that I mean did they ask the husband and wife the same (or different) questions individually or just ask them both at the same time and let one answer?
Thanks

In my Ch13 341, the Trustee asked questions and we both answered them. At my Ch7 hearing, the Trustee asked us to choose one person who would answer the questions - DH did it. I suspect this is more about Trustee preference than which chapter is being filed. It also may be because they record every hearing and it's easier to hear one clear voice than two voices together.

[gman]

Thanks for the post!

Can you tell us what you saw as far as questioning of joint filers? By that I mean did they ask the husband and wife the same (or different) questions individually or just ask them both at the same time and let one answer?

Thanks

I saw many joint filers.

All questions were directed to both of them - and both had to answer - typically "yes" or "no".

[tobee43]

I saw many joint filers.

All questions were directed to both of them - and both had to answer - typically "yes" or "no".

yes, we filed jointly as well...and actually, we were asked some questions separately ...the truth is when one of was asked a certain question that someone whom will remain nameless was not only nameless but clueless...so the questions had to defer to me...the trustee just smiled about it. i'm the CEO of family matters, always been that way. my spouse is smart as can be, but has no clue about most of our business matters...with their highly stressful job i thought i was protecting, but sometimes that's not the best way.

oh...and gman nice to see you!

we were in fact, asked different questions...as well as a few of the more "general" ones..i.e. are you employed..etc. we both were asked.

[october99]

i'm the CEO of family matters, always been that way. my spouse is smart as can be, but has no clue about most of our business matters...with their highly stressful job i thought i was protecting, but sometimes that's not the best way.

What a very nice way to put it. Same here, except I've all shouldered all the financial burden so much so that DH doesn't even have to file. He did say to me last night that I know far more about him than he ever will.

[tobee43]

What a very nice way to put it. Same here, except I've all shouldered all the financial burden so much so that DH doesn't even have to file. He did say to me last night that I know far more about him than he ever will.

october i hear you...i guess that may be way both my shoulders had there roter cuffs totally ripped...(the truth!) LOL!!! i'm nursing a total rip now...that's why i have so much computer time.. it's certain was a heavy load.

i better start using my hips!

[repuman]

Thanks for the post!

Can you tell us what you saw as far as questioning of joint filers? By that I mean did they ask the husband and wife the same (or different) questions individually or just ask them both at the same time and let one answer?

Thanks

Our trustee asked who wanted to answer the questions, I volunteered. Afterward, he asked my wife if she agreed with what I said, she said "yes" (which is a first, btw), that was all she had to do.

[repuman]

What is considered 'higher income' ch 7? Over 100k? I am curious, new here and have not seen that term before.

I didn't consider us higher income (80K) but compared to most of his clients I guess our attorney did.

[BKAttyMI]

Interesting to see this from a debtor perspective. It's common for a debtor to wonder "what did my attorney do" when the 341 hearing is so fast and easy, when in fact, the hearing was so easy because the paperwork was all prepared and provided to the Trustee properly and correctly beforehand. Most Trustees try not to put a debtor on the spot at a hearing since most are very nervous, the objections come afterwards, usually directly to your attorney. I often converse with a Trustee after a 341 hearing to provide more information or to explain something for my client, unbeknownst to them.

I don’t see how any credit card payments could be put on the means test, it would be my assumption that you misunderstood something that was done by your attorney.

[nomorebills]

Thanks....you made this a little stress free for me...

[Hlc]

Thanks for information.

[gman]

Great information, can you please tell me if this was in Newnan Ga. This is where I live and in the process of filing chapter 7.

Check your PRIVATE MESSAGES for the answer...

[confident]

Thanks for the post!

Can you tell us what you saw as far as questioning of joint filers? By that I mean did they ask the husband and wife the same (or different) questions individually or just ask them both at the same time and let one answer?

Thanks

This is a great thread and I just wanted to comment on above question. We filed jointly, and though most of the questions were for "both", there were some questions for either one of us specifically. Nothing major though. I think unless joint filers actually are similar in every way, it is inevitable for the trustee to ask individually specific questions.

We did both answer together on the questions directed at both of us (usually a Yes or No).

Hope this helps