341 Meeting a DISASTER!

[Flying2BK]

Showed up early to my 341. Was scheduled for 0900 I was in my seat by 0830, noticed more people coming in and waiting. Trustee walks in and asked who is there waiting for Attorney "Mr Late" (I won't use his real name) several of us were, and since we all had to turn over our cellphones and laptops we couldn't verfiy where he was.....turns out he was late and the Trustee called us into his room and said "I am not waiting anymore" as he was already over 1:00 late...."You all have two choices:"

1. Continue WITHOUT your Attorney
2. Reschedule your 341 for another time

I didn't blurt out an answer as some of the others were speaking, 50% decided to reschedule (smart move--they did pay an Attorney after all) and the other half decided to proceed....the Trustee asked me what I wanted to do--so I stalled and said I wanted to think about it for a few minutes (my issue was I wanted to get this over with--but I did pay for Legal representation) so with that the Trustee seemed agitated and let me sit as he proceeded with one woman who "waived" her right of Attorney and he went down the list of questions...it was over in about :10 minutes and she seemed happy--no snags.

At that moment my (and everyone elses) Attorney showed up and said how sorry he was, too late for that--the Trustee was NOT happy. I was a little more relaxed now since he was there and I was next (at least I had me PAID for Attorney)

Handed over my DL and SN card, stated my name etc....the Trustee went over my paper work and the "fun" began....

1. Asked about why I was paying Chase $450.00? I told him I wasn't....? He replied but it is on your schedule J that you want to pay Chase $450.00---My Attorney admitted to the paperwork error and said he would fix it....

2. Then my boat (that I own) came into question....Trustee was not happy about the storage fee, or the fact I had dog care and Kennel fee's (I travel for work and this is necessary)

Basically it all started to fall apart--My Attorney made some legal begal commments and they they went back and forth for about 5 minutes!!! I started to get that sinking feeling and basically I was told....

That the Trustee was NOT going to confirm my plan until the questionable items were fixed and that my Attorney was taking a "Pass" on the bar date? WHAT EVER THAT MEANS?

My Attorney who had several more clients mouth the words "Call me" as I walked out of the US Courthouse.....WTFO?

I made sure to ask my legal cousel if my plan would fly--they all assured me it would and it was a very simple case. Apparently not!

To make matters worse I just found out my 70 year old Mother is having health issues and needs to have a care giver...I am thinking of packing up and move to Florida to take care of her....would have to quit my job, and that would make me able to do a Chap 7. Could I do that? If they have an issue over my $15,000 boat that I am buying back--JUST TAKE IT ALL ...I want out!

MY job sucks to hell and back I own nothing.....and whats more it seems the Trustee wants to double my payment for the next 60 months, and I am 100% sure that I will not be able to pull this off--so I want to pursue the idea of a CH-7.

What a NIGHTMARE.....this whole journey seems like a big SCAM. Everybody is in on it...Credit Card compaines, Trustee and the Attorney.

[HHM]

Good news, bad news.

It is the job the chapter 13 trustee to find issues, so there shouldn't be any surprises there. Just sounds like your attorney didn't do a good job of setting expectations. Also, rarely do plans pass muster on the first go around, in fact, that is the whole idea. If a plan is approved from the get go, then that means the plan was too conservative and you left money on the table; in most cases, there should ALWAYS be something to fight about with the trustee.

Boat storage fees will be denied, it is a non-necessary expense. But see, that is the trade off, you give up the boat storage fees, in exchange for keeping the Kennel fees.

In any event, your chapter 13 ordeal is JUST STARTING. The confirmation process is where the REAL work of a chapter 13 BK is done.

[Flying2BK]

HHH-

Appreciate the input.

I had a storage fee of $500 for the boat, now I just found a place today that can do that for $360.00

Any insight as to why my legal "team" put a $450.00 payment to Chase? Nobody could explain it.

Seems that most on here have no problems on there 341????? It looks like 90% on here "Breeze right throgh"

[frogger]

What a NIGHTMARE.....this whole journey seems like a big SCAM. Everybody is in on it...Credit Card compaines, Trustee and the Attorney.

No, you just had an attorney that didn't do a good job. The system is reasonably fair and it works. Don't give up hope.

[Flying2BK]

I agree the Attorney is pretty bad......so far his track record is not so good.

What should my next move be? I am trying to see this all in a good light.

[LadyInTheRed]

I agree the Attorney is pretty bad......so far his track record is not so good.

What should my next move be? I am trying to see this all in a good light.

Call your attorney if you haven't already and make sure he answers all of your questions and makes clear what will happen next. Hopefully, he'll start the conversation with an apology for being late!

About the payment to the trustee. Errors do happen. That's one reason everybody should read every document they sign, before they sign it, to make sure everything is correct. I suggest you go back and review your petiton now and make sure there aren't any other errors that you didnt' catch the first time around.

[HHM]

The 341 is normally breeze, in fact, your's was actually a breeze (if you think about it). Reason being, in most districts, nothing happens at the 341 meeting. In the coming days, the chapter 13 trustee will file an objection. At that point, your attorney will begin negotiating with the trustee (hopefully).

I wouldn't say your attorney has done a "bad" job, at least not yet, but was a little sloppy. Unless Chase is a secured creditor (mortgage, car, etc), then there is no reason why that is on your schedule of expenses, probably just a mistake. I can't imagine that any amount of boat storage fee is going to be acceptable. Think about what you are asking, you want your creditors to get paid less money so you can store a boat. Now, if your boat is somehow necessary (e.g. you are a fisherman, run scuba charters, or something), maybe a different story. Otherwise, the boat is a pure luxury item and the trustee, and courts, and not going to allow a budget item for any expense related to it. The Kennel fees are probably justifiable.

There is not much for "you" to do at this point. I suppose you should call your attorney and discuss with him/her the next steps and how he is going to deal with the issues raised at the 341 meeting.

[Flying2BK]

The latest....

I talked with the paralegal. Apparently the Trustee wants to double my payment to $900.00 this would put me at 100%. I am acutally just wanting this to happen since then nobody can question anything about boat slips. or what ever.

My situation is different than most is the fact I am filing CH13 to rid myself of a house that is 1200 miles away from where I work. I moved my boat out here and live on it, so it is exempt......I own another boat that I want to keep.

I got sidetracked on this forum since so many talk about the "easy as breeze 341" what many fail to mention is the 341 meeting is really just a meet and greet and the real work begans AFTER the 341 meeting.

The interesting thing is "we" are waiting to see who is going to file a claim, so far ONLY ONE, and that is Discover! My hope is 50% file a claim, and then I want to go for 100% payback shed the house and move on with my life.

My "bar date" is in April so I guess it is a wait and see thing. Since my income is high and my debt is actually low the US Trustee wants me at 100% payback, which I am fine with.

I am surprised nobody really talks about this process more? I hear all about the "60" day club but in my case is seems like the 90 day club.

[Flying2BK]

Apparently the idea to to wait for the "Bar Date" to see who files a claim and then go from there?

How do I track this? PACER? What is that and how does it work?

My paralegal says that it is common to see only about 50% of the unsecured to file anything???? IS this true?