Well......hmm. I dunno

[747LUVR]

We went to our 341 this morning...some interesting cases ahead of ours. Everything was good, no creditors etc for the people ahead of us, except one dude's ex wife who had a whole bunch of docs showing he committed fraud...that dude is screw eed!!! Well, here they call us, and the UST comes up and she grilled us a little bit, I think b/c we're seeking to discharge $305k...mostly credit cards. i think I handled it as good as possible, they didnt ask for our '10 tax returns, didnt say anything about wanting to see it, in fact, i was ready to hand it over and they said no thanks. I kinda felt worse leaving than when i went in. Explained the large balances from years of racking it up, bt's, helping family etc etc...a recent 'raise'-in the form of a 13% shiff diff, which she said ok, it answered her questions.
So can the UST or anyone come back with more questions? The guy asking questions asked to see my 401k statement (27k, which is exempt anyways) 'for verification' purpopses...dont know what that would be to verify...two loans on it, one from 12/2009 and from 8/2010...but nothing recent. They said it'll be 60-90 days due to the backlog of cases etc... just dont know if i should feel good or bad about today really. No creditors came in objecting, so I guess thats a bonus, right?

[AlmostAmos]

Standard procedure if you're trying to discharge THAT much CC debt. I've read several stories about the same thing happening. The UST CAN come back with more questions at anytime. I wouldn't worry about providing you were straight with them & are not hiding anything. As long as your income comes in under and you haven't fudged your paperwork - you'll be fine, trust me. I had the same worries as I was discharging a large amount of CC debt.

And, congrats - you're in the 60-day club!

-AA

[747LUVR]

Thanks for the kind words AA...it is/wasnt an experience I ever want to endure again, I will be praying to God that the next 60 days go quiet. I sent the requested papers 3 hours after they were requested to my atty...he wasnt worried by anything the UST brought up, or the hearing officer who conducted the meeting. Went to see the shuttle launch up close n personal afterwards, that helped the nerves a little

[justbroke]

It's usually not an issue, but with that much CC debt (over $100K), the UST is certainly looking. Were you over the median as well? That will also pique the UST's curiosity as well. So long as all your numbers work, you should be fine.

You are in the 60 day club, so Welcome to Club Sixty!

[747LUVR]

Hi Justbroke, no we were way under the income threshold...for a family of 3 here in florida, it was $58k and change, and the Mrs hasnt worked since 6/2009, so even with my gross income of $30k last year we were roughly 50% of the means income. Discrpancy in income she asked, and I gave her the honest answer, she smiled, looked at me and said 'okay that makes sense'. she even wispered in my wifes ear as we exited the hearing 'thanks again', so one more question to anyone out there- we're in the '60' day club, however we overheard due to the high cases, it could be up to 90 days, does this then mean we're in the 60-90 day club?

[justbroke]

Don't worry about the date that you actually receive a discharge. I know for a fact that the Middle District of Florida generally issues (automatic) discharges on Day 61! Regardless of that 60 days, you are just waiting for the 60 days to elapse! The 60 days is known as the period to file a complaint to determine dischargeability -- a "bar" date of sorts. Once this bar date passes, you are almost 100% guaranteed that no one can start a complaint to put your discharge in jeopardy. The only way that the 60 days can be exceeded, by the Trustee, UST, or creditor, is if there was actual fraud (and even that is limited in some cases where the party KNEW of the fraud beforehand, yet took no action).

So, I say just relax. Sounds like you'll have a pretty quiet 60 days!

[747LUVR]

Justbroke- thanks, I am heeding your advice. Its funny, I was so relaxed and even telling others on here not to worry, and I havent even taken my own medicine...lol., how funny is that? after tonight, 58 days....woo hoo!! ;)

[chrisdfw]

The UST was in on my 341 also, I wondered why, and now I know maybe it was because of the over 100k in credit card debt. My income at filing was less than half the median so it sailed through with only a few questions about IRA contributions (I recieved a settlement in the month or so before filing and made an IRA contribution for the year, since I had done that in each of the 4 or 5 prior years, the trustee grunted but no issue was raised).

I suppose for someone making less then 20k a year 125k+ in credit card debt seems outrageous, but the year before I made more than 125k. Also other than my mortgage all my debt was unsecured (better rates 0% credit card < 5% auto loan). All in all it probably raised some eyebrows, but if you are above board you shouldn't have a problem either.