341 Trustee Questions Ch7 vs Ch13

[FXClarence]

Hello,

I apologize if this is the wrong place to post this. The questions from the manual in the Sticky for 341 meeting looks like it is from the Chapter 7 Trustee manual. Any thoughts on if the questions are the same for Ch 13?

My 341 meeting is on Monday 3/14 in the Middle District Florida. I will post the outcome of the meeting as soon as I can afterwards.

Thank you.

[justbroke]

The questions are the same, but a Chapter 13 341 Meeting is much much much much much much more relaxed. In a Chapter 13, you're more than likely going to pay back "something" to unsecured creditors, and you'll be under the supervision of the Trustee for 3-5 years. However, the 341 Meeting is the same, since there is no different part of the code for a "Chapter 13 Meeting".

They will ask the same questions.

[FXClarence]

Thank you Justbroke. I found the Ch 13 Trustee Handbook and you are spot on.

[justbroke]

We try Clarence, we try!

[shaylo85]

Why is the chapter 13 meeting more relaxed than a 7? Just curious.

[justbroke]

Because a Chapter 13 debtor is likely to pay "something" back to the unsecured creditors over the 3-5 years. It's not a straight liquidation as in a Chapter 7, so there is time for the debtor to improve their financial position.

This is not to say that the UST or creditors do not ever interject themselves and make complaints. It's really uncommon for the UST to get involved in a Chapter 13. It's also really uncommon for creditors to do the same. The only time I've seen creditors getting mixed up in confirmation issues, are usually the junk debt buyers (JDBs) that buy a lot of the credit card debt. They just want to make sure they are getting the "maximum" amount available during the plan years. Hardly ever any dischargeability complaints.