Two weeks after my interesting 341 meeting in St. Paul

[lfllffl]

My 341 meeting was a breeze. Two weeks later the trustee has issued his report and recommendation of discharge with zero assets... Now waiting to see if the US Trustee wants to flag me or if Wells Fargo (primary debt holder) decides to object. 45 more days till this is hopefully just a part of my deep dark past!! (FYI - I AM over the medium - not by a lot - but I am a 7 over the median).

The handful of people who I viewed in front of me did not have it so easy at their 341. I will say that my attorney taught me well and had me well prepared. And in the instances where the trustee gave the debtor a hard time for missing or incorrect information he was straightforward with out kindness or understanding and the attorney just sat there. But the ones scolded were the debtors. And they were scolded for things that my attorney advised me for or against... **Key** Find a reputable attorney that you feel comfortable with*

Also a general note and it could just be my particular trustee - DONT BRING YOUR KIDS! Unless they are of the age where they can sit still in the back of the room without making a noise - dont bring em. Pay $5 to have someone sit with them for an hour. But dont bring them!

[lunasgal]

Doesn't the UST only have 10 days from the trustee report to file presumption of abuse? That is what I thought I have been reading here... I am in the same situation- After my 341 my trustee posted that same day no asset case... I am 13 days since that day so I think I am past the day for the UST to seek addition infor? I hope so I will be so happy afte the 60 days! I was pegged Presump of Abuse from the start due to a severance package, but my lawyer said I have nothing to worry about due to my current income..

[AngelinaCat]

No it isn't your trustee at all. There have been numerous discussions/arguments all over this board through the years about people wanting to bring their kids to the 341. Words to the wise: JUST DON'T DO IT. Don't even THINK about it.

[onthefence]

lfllffl -

You have peaked my interest - I will be attending my 341 in St. Paul as well - my attorney should be filing this week. I thought I was feeling pretty calm regarding the 341, but your post has be concerned again! I will certainly NOT be bringing my kids along, but my anxiety has just gone through the roof, again!

Congrats on your smooth 341, and on being in the 60 day club! I can't wait until I am there!

OTF

[pathfinders]

lunasgal

11 USC 704(b) requires the UST to file a Notice of Presumed Abuse within 10 days of the 341 meeting. If a MTD is to be filed it MUST be filed within 30 days of filing the Notice or Presumed Abuse

[lfllffl]

Onthefence - I dont mean to cause anyone any anxiety. The cases that ended up being scoured by the trustee were one who paid $1k to family in the past 60 days, or who's income tax information was incomplete, etc... If your attorney has prepped you and you understand that all your creditors have equal opportunity to whatever you are able to pay -you'll be OK. Plus! My particular trustee is know for being a bit of a hardass. PM me if you want to know his name... My 341 went without a hitch - but I also got the feeling that it was in part because of the repport my attn had with him... Good Luck!

[lunasgal]

Hi Pathfinders

So does this mean since I am 16 days past my 341 meeting, and was labeled presumption of abuse from the start filing August 2nd that I should be in the clear from the UST asking for any additional information? The UST didn't show up for my 341 and never asked for any records.. The trustee labeled me no asset case and I am waiting for discharge end of Oct.. My lawyer says I am fine, and was only labeled presumption of abuse due to a severance package I got... Thanks!

[dirkdigler]

.

[wnguyen]

Onthefence - I dont mean to cause anyone any anxiety. The cases that ended up being scoured by the trustee were one who paid $1k to family in the past 60 days, or who's income tax information was incomplete, etc... If your attorney has prepped you and you understand that all your creditors have equal opportunity to whatever you are able to pay -you'll be OK. Plus! My particular trustee is know for being a bit of a hardass. PM me if you want to know his name... My 341 went without a hitch - but I also got the feeling that it was in part because of the repport my attn had with him... Good Luck!

Did you mean St. Paul in MN? I might have some idea who this guy is because I've heard of him before. Since my filing is in MPLS, I didn't have to deal with him. Mine is a little laid back, according to my lawyer.

Onthefence, don't worry too much. It'll be quick. That's exactly what happened to me, less than 5 minutes.

[lfllffl]

Did you mean St. Paul in MN? I might have some idea who this guy is because I've heard of him before. Since my filing is in MPLS, I didn't have to deal with him. Mine is a little laid back, according to my lawyer.

Onthefence, don't worry too much. It'll be quick. That's exactly what happened to me, less than 5 minutes.

Hi - yes, I'm in St. Paul, MN... and from what I heard outside the hearing room, my trustee IS known for being a harda$$... he not only acts as a trustee, but also takes bk cases as an attorney as well. Since my 341 was smooth sailing, and he's submitted his report of no distribution, I cant complain too much about him!

[jlybean]

Hi I also had my 341 in St Paul and it was soooo easy! I was so nervous and spent many sleepless nights worrying about it--all for nothing. My trustee was very professional but nice. He even joked with my husband about a coworker they both know and he joked with the lawyer. Just the basic questions except we recently sold a car and he was curious how we got so much for it (it is a race type car with a big motor) but once my husband explained it all was fine. It was over in about 5 minutes.

Just curious-how long did it take to see the report of no distribution? I haven't checked on Pacer yet-I am chicken!

Thanks to everyone who has shared their experiences. I honestly think it saved my sanity (at least the little I have)

[onthefence]

jlybean- thanks for the encouraging post - I think my nerves are becoming more settled! Glad to hear about your smooth 341 - and here's to the 60 day Club!

[tobee43]

i think after reading everything written here the key is to be prepared. if you atty has does his or her job correctly and submitted to the court all required and requested documents you will be fine.

we had heard most all the trustees in our area of filing were "ok" or "nice"....but the fact remains...they are there for the creditors and NOT you. so of course they are entitled to ask questions about anything that may appear "off". if that seems mean...well, they are only doing their jobs.

also, ours was extremely complicated, however, i was prepared with any questions since we were telling the truth all the time. and that is also one of the other keys to a successful 341...the truth is far easier to remember than a lie. if asked questions by the trustee just answer that question and don't volunteer anything more.

if....glad to hear it went well for you!

[wnguyen]

jlybean

I don't know exactly how long after the hearing will you see the report of no distribution. For some folks here it took only one or two days. For me, it took "only" 8 days.

[tobee43]

actually we got everything in one day...after the 60 day waiting period...

in one envelope came the discharge of our bk..... and the trustee's confirmation of no asset distribution. so i think it varies from state to state...even county to county.