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341 today - interesting

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    341 today - interesting

    I am a student of people. I am fascinated by them. I was probably the only one in the room that was intrigued by the process.

    It was VERY interesting to me...and surprising after reading how many of the 341's took a minute or less on this blog.

    This trustee was very questioning. There was only one couple who got through without any extra questions.

    It was sad (someone was going to have to turn over some inherited farm land), one couple was in and they had both declared bk separately in 2000 & 2003 respectively and were now filing jointly. Another had a business go under. I think often it was property related.

    We were only asked about our payments to our CC which we always pay off every month and wasn't claimed on the BK. I think the trustee was trying to ascertain whether we were being preferential to the CC company but they were just our monthly gas/groceries/dining out stuff.

    Our attorney did tell us that the trustee gets 1/3rd of what he recovers in a BK? This sounds like a conflict of interest to me!

    We'll find out next week whether they are going to do a 7 or request to do a 13.

    If we weren't in a recourse state we wouldn't have to be doing anything, but I'm not betting my future on whether the banks will or won't come after a deficiency. Some day they will get their act together to try to reclaim all they've lost to these foreclosures.

    #2
    We are in Illinois also and had our 341 last week. Ours was about 15 minutes long as were the others before us. No 1 or 2 minute 341s happening where we were. Lots of questions and probing going on. (which I understand - but ours was not like what I expected from many 341 experiences I've read about here!)

    Good luck to you!

    Comment


      #3
      Originally posted by got2btru View Post
      Our attorney did tell us that the trustee gets 1/3rd of what he recovers in a BK? This sounds like a conflict of interest to me!
      Yes, the Trustee is not supposed to be impartial, he's an advocate for the creditors. We should never forget that. It's his job description.
      Filed Chapter 7 July 2010
      Attended 341 September 2010
      Discharged November 2010 Closed November 2010

      Comment


        #4
        I know about the sadness. There was a couple about 80 years old at my 341. It was sad. They had a house, which was fully paid for, which I think they had to give up. Yes, the trustees gets 25% of whatever they recover.
        Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

        Comment

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