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341 Tomorrow, Pro Se

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    341 Tomorrow, Pro Se

    341 Tomorrow at noon for me and I'm filing pro se. I have nerves of steel so I'm not to nervous but I have my areas of concern. I'm sure the trustee will ask me to clarify a few things.
    One thing is paydays loans which I took out in the 90 days prior to filing. These acually are continuation/reloans resulting and the results of daisy-chain of these loans going back much further than 90 days. I suppose I will just have to explain this when she asks and hopefully the circumstances will be considered. These were sort of the straw that broke the camels back and it wasnt going to look pretty no matter when I filed. And of course some of the payday loan vendors or thier representatives may show up. Who knows they may try to scream fraud or say I signed saying I did not plan on filing bankruptcy when during the loan.
    I also am the beneficiary of a spendthrift trust fund. Beneficiaries have only been able to access per the strict requirements of the terms or at the trustees discression during extreme emergencies. I imagine she probably wont ask too much about it and safe it for the objection if she chooses to open up a hornets nest and object to it being exempt. Basically if we had inherited the money strait up or had access to it, I would not have accrued almost none of my current debt. Me and the other beneficiaries had looked into terminating the trust which we can do by agreement to modify or terminate the trust if it is not a spenthrift trust, but the one thing stopping us was the spendthrift status. This is one ace in the hole, if the trustee or court determine that it is not a spendthrift trust or its status was broken at some point, we will as soon as possible agree to break the trust. I'm sure she wont object to my exemption unless she is prepared for the hell of resistance that will come with it.
    I do have a few questions I may ask the trustee but I'm not sure if it will be good to ask too much as I might look stupid or weak. So I will probably skip them.
    I'm thinking it will be fast and simple and the fun stuff saved weeks following the meeting.
    Wish me luck.

    #2
    Good luck with your 341. There were a lot of Pro Se filers when I went through my 341. The only people who had problems were those that had incomplete paperwork or were vague with their answers. Then again there were a few that had the same problem and they had an attorney! I noticed that the trustee would ask them more questions. Hopefully yours will go smoothly with a minimum of questions! Let us know how it goes.
    Filed Chapter 7 on July 30, 2010
    341 scheduled for August 26, 2010 - Done! - Report of No Distribution
    Discharged!!! - November 15, 2010

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      #3
      Well I went to my 341. It has been continued to a later date as the trustee had a few other questions or information she wanted and she did not want to hold up the other debtors.
      She did in fact ask a lot of questions about my situations with paydays loans. Related to that she wanted to know why there were so many deposits and withdrawals from my account. I showed her that each payday I had to withdraw money to pay the payday lenders off, reloan with them, and then redeposit the money in my account. She seem somewhat content with the answere but a little baffled how I was dealing with several of them for so long.

      She also had many questions about the Trust and this is why she wanted to proceed another time so she could get more information and answere a few related questions. I could tell she was digging for a reason to attack the Trust by either discrediting me or the Trusts spendthrift status for the Trust Co. giving us advancements on our dispersements. She ask me for additional bank statements following these dispersements a year ago up to the present.
      Nothing she asked or responded to ever made me worry. I know it is her job to try to get at the trust if possible. So she will need to dig much deeper if she intends to open up that can of worms by objecting to it being exempt. Should she be able to successfully object to it and attack some of my share of the trust to my case, she will have to prove that the spendthrift status was broken. This would almost be doing myself and other beneficiaries a favor and we will all then agree to terminate the trust and get whats left. We have wanted to do this from the beginning. Me and other beneficiaris would not be in debt if we had gotten our inheritance strait up in the first place rather than kept from us in a trust.
      Anyhew, the meeting will resume in like early October

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        #4
        Hi Grundle, well, you sound like you're taking it well and it does sound like you've satisfied at least part of the trustee's questions. Hang in there -- hopefully with your good attitude and patience and you'll have a good resolution soon.
        11/2008 - Filed Chapter 13
        02/2010 - Chapter 13 dismissed
        08/2010 - Filed Chapter 7 pro se in new district
        09/2010 - Chapter 7 341

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