If I knew how, I'd turn this into lyrics and match it up to country-western music. But since I don't, this post will have to do. ;)
The day started off good, all things considered. I was up at 6:30 as planned, and leaving town by 7:50, which was right on schedule. If you knew how badly my ADHD affects my time management skills, you'd realize that that in and of itself is worth a ballad.
The sun was shining, traffic was easy, and I was hitting nearly every light green. One of those days that is pretty darn enjoyable, unless, of course, you are on your way to a 341 hearing, and you are so tense you can barely swallow.
Google maps had the travel time at 1 hour 15 minutes, but it took me 1 hour 25 minutes. However, I did not speed, and that is rare for me.
The hearing was to be held in a library, of all places. It was easy to find, and had ample free parking right out front. I went downstairs to the meeting rooms, verified with a chick in the children's section that I was in the right place, then took my place on the bench. It made me think of the Group W bench, for anyone that is old enough to remember the Alice's Restaurant song.
I knew that my attorney was going to be in another district, and that a stand-in was going to handle things. That was okay by me. At this point, I am about 35-40 minutes away from my scheduled time.
From reading posts on here, I was expecting lots of people. There were not many. As I waited, I was playing Tetris on my phone, as it somehow is a calming thing for me. Then I thought that perhaps it would not look good if I was playing on a cell phone, even if it is a non-smart phone that is over 2 years old. So I stashed it.
Soon after, a lady, that later turned out to be the recorder, moved us down the hall to another room, as the one we were supposed to be in was being used for something else. I went inside, and it was just the size of a large office conference room. There were 2 tables pushed together with chairs at them, then maybe 12 -15 chairs grouped a few paces away from the tables.
The recorder lady was there, and a gentleman who turned out to be the Trustee. He was setting their laptops up, and within a few minutes, they called the first case up, which was a couple.
Overall, it was really sad. Other than 1 girl, I appeared to be the youngest person there, and I am pushing 50. One lady had brought in scans of the tumors growing in her husband's head. It made me feel bad for them, and even more scared of being old and poor than I was before.
The Trustee was *very* nice and you could tell that he was trying to put people at ease as much as possible. He may have had the ability to flip that switch into a different persona if warranted, but none of the cases I saw called for it.
At 9:45, there was still no sign of the stand-in. I stepped out into the hall, called my attorney's office, and got their voice mail. Lovely.
So I went back in, had a seat, and started doing some calming meditation/focus types of things. Within just a couple of minutes of my scheduled time, they called my name.
I already had my ID/SS card out, and when I offered them to him, he asked me if I was not supposed to be represented. I told him that yes, I was. I didn't have the stand-in guy's name memorized, but the recorder lady knew who was supposed to be doing it. So the Trustee told me to just have a seat, and we'd wait for a bit.
So I went back to meditating, and he went back to doing cases. The recorder lady sent another attorney out to see if they could find the stand-in out in the hall. He was not there.
I had made my mind up that if they tried to re-schedule me that I was going to ask to be allowed to just do it without representation. I figured that I had sat there and listened to other cases, I had read both the personal NOLO and small business NOLO, and I have read volumes on this forum. So the stress of facing the Trustee without an attorney paled in comparison to the stress of having it re-scheduled, waiting for the day again, worrying about getting there on time, etc, etc.
But he didn't ask. He said "why don't you just come on up here, and let's see what we can do for you". So I did.
As I am sitting down, the recorder is telling him that my case is the one that was "on hold as he (the Trustee) didn't understand something". I had no idea what that meant, and just about panicked.
He looked at my id, and said that must be the blonde version of me. (I am currently brunette) So that helped my nerves settle down.
We did the basics of swearing in, who I was, marital status, did I read petitions, did I owe child support, had I ever filed before, etc. He asked about my house and car...I am re-affirming both of them...was my intent to re-affirm, were they insured, was I current, when did I buy them, was the car in good condition...that sort of thing. He asked about a tax obligation to the State, and I told him it was satisfied by my tax refund. He did not ask anymore questions about the refund.
He asked what type of business I did, and I told him. Once he understood that I work entirely online, he wanted to know if the money I had owed the state was for sales tax. I told him that it was not; that it was personal income tax that I had not paid. I explained to him how I track what sales I make that I am supposed to pay sales tax for. We then briefly discussed the situation about states wanting to make it so that online sellers have to collect tax even if they don't live in the same state as the buyer. He told me that he did not agree with that, but for me to keep abreast of the situation as it could impact on me. At that point in time, he asked if any of my CC debt was for the business. I told him it was not.
He asked how things got to the point that I needed to file bankruptcy. I gave him the nickle version, and if he wasn't empathetic, he gave a good show of being that way. He asked if I had destroyed my cc's.
He asked about student loans as I have some that show a 0 balance, and others with a balance due. I explained to him that I had done a consolidation which is why some were a 0, and that I understood that the loans with a balance would not be discharged.
Then he hit on my mother dying in December and any anticipated inheritance. He had one question about it, and that was all.
About that time, the stand-in attorney showed up. He sat down, asked me if I was who I am, and apologized to the Trustee.
By then, it was just the Trustee making sure that I understood what it meant to reaffirm and the implications of filing bankruptcy.
The Trustee then rattled off something real fast about no asset blah blah, 60 days, notice in mail, thank you and good luck in the future and here, don't forget your IDs. The stand-in was questioned about a couple that also belonged to my attorney, but had not shown up. The stand-in asked me to wait for him.
And I did, but outside, in the hallway. Its going on 10 years ago that I stopped smoking, but since then I am a chewing gum addict, and I was desperate to shove a piece of gum in my mouth.
Once he got out there, he apologized PROFUSELY telling me that it was totally his fault, and that he had written me down as a 10:30 instead of a 10:00. I just listened to him. I wasn't happy, but going off on him wasn't going to change anything, so I decided to just shut my mouth and listen. He explained that it was indeed a no-asset case and what would happen from this point forward. My main concern was when I could do something with my inventory that has been "frozen" since I filed, and he gave me an answer that sounded reasonable, and I have sent my attorney an email double checking his answer. The stand-in told me that while he was very sorry that I had to go through that alone that I seemed to have handled what he saw of the procedure very well.
Like others before me, the Trustee was very nice to me. He questioned me a good deal less than he had some of the cases before me, and that was surprised me. I figured that with self employment, I might be more on the hot seat. And even though the stand-in totally caused stress in my life, my own attorney had everything filed as it should have been. That was not the situation in all the cases that were before me. Two of them did not have bank statements submitted that showed balance on filing date, and one of them he did not "rule" on because he was missing information from the attorney.
No creditors were present for any cases that I watched.
After I left, I took myself out for a big treat, and went to IHOP.
It was the first money that I have spent since mid-November...when reality started sinking in about needing to file...that I have not stressed over spending, wondering if I was going to have to justify it to someone. It was a pretty good feeling.
So now...I wait.
The day started off good, all things considered. I was up at 6:30 as planned, and leaving town by 7:50, which was right on schedule. If you knew how badly my ADHD affects my time management skills, you'd realize that that in and of itself is worth a ballad.
The sun was shining, traffic was easy, and I was hitting nearly every light green. One of those days that is pretty darn enjoyable, unless, of course, you are on your way to a 341 hearing, and you are so tense you can barely swallow.
Google maps had the travel time at 1 hour 15 minutes, but it took me 1 hour 25 minutes. However, I did not speed, and that is rare for me.
The hearing was to be held in a library, of all places. It was easy to find, and had ample free parking right out front. I went downstairs to the meeting rooms, verified with a chick in the children's section that I was in the right place, then took my place on the bench. It made me think of the Group W bench, for anyone that is old enough to remember the Alice's Restaurant song.
I knew that my attorney was going to be in another district, and that a stand-in was going to handle things. That was okay by me. At this point, I am about 35-40 minutes away from my scheduled time.
From reading posts on here, I was expecting lots of people. There were not many. As I waited, I was playing Tetris on my phone, as it somehow is a calming thing for me. Then I thought that perhaps it would not look good if I was playing on a cell phone, even if it is a non-smart phone that is over 2 years old. So I stashed it.
Soon after, a lady, that later turned out to be the recorder, moved us down the hall to another room, as the one we were supposed to be in was being used for something else. I went inside, and it was just the size of a large office conference room. There were 2 tables pushed together with chairs at them, then maybe 12 -15 chairs grouped a few paces away from the tables.
The recorder lady was there, and a gentleman who turned out to be the Trustee. He was setting their laptops up, and within a few minutes, they called the first case up, which was a couple.
Overall, it was really sad. Other than 1 girl, I appeared to be the youngest person there, and I am pushing 50. One lady had brought in scans of the tumors growing in her husband's head. It made me feel bad for them, and even more scared of being old and poor than I was before.
The Trustee was *very* nice and you could tell that he was trying to put people at ease as much as possible. He may have had the ability to flip that switch into a different persona if warranted, but none of the cases I saw called for it.
At 9:45, there was still no sign of the stand-in. I stepped out into the hall, called my attorney's office, and got their voice mail. Lovely.
So I went back in, had a seat, and started doing some calming meditation/focus types of things. Within just a couple of minutes of my scheduled time, they called my name.
I already had my ID/SS card out, and when I offered them to him, he asked me if I was not supposed to be represented. I told him that yes, I was. I didn't have the stand-in guy's name memorized, but the recorder lady knew who was supposed to be doing it. So the Trustee told me to just have a seat, and we'd wait for a bit.
So I went back to meditating, and he went back to doing cases. The recorder lady sent another attorney out to see if they could find the stand-in out in the hall. He was not there.
I had made my mind up that if they tried to re-schedule me that I was going to ask to be allowed to just do it without representation. I figured that I had sat there and listened to other cases, I had read both the personal NOLO and small business NOLO, and I have read volumes on this forum. So the stress of facing the Trustee without an attorney paled in comparison to the stress of having it re-scheduled, waiting for the day again, worrying about getting there on time, etc, etc.
But he didn't ask. He said "why don't you just come on up here, and let's see what we can do for you". So I did.
As I am sitting down, the recorder is telling him that my case is the one that was "on hold as he (the Trustee) didn't understand something". I had no idea what that meant, and just about panicked.
He looked at my id, and said that must be the blonde version of me. (I am currently brunette) So that helped my nerves settle down.
We did the basics of swearing in, who I was, marital status, did I read petitions, did I owe child support, had I ever filed before, etc. He asked about my house and car...I am re-affirming both of them...was my intent to re-affirm, were they insured, was I current, when did I buy them, was the car in good condition...that sort of thing. He asked about a tax obligation to the State, and I told him it was satisfied by my tax refund. He did not ask anymore questions about the refund.
He asked what type of business I did, and I told him. Once he understood that I work entirely online, he wanted to know if the money I had owed the state was for sales tax. I told him that it was not; that it was personal income tax that I had not paid. I explained to him how I track what sales I make that I am supposed to pay sales tax for. We then briefly discussed the situation about states wanting to make it so that online sellers have to collect tax even if they don't live in the same state as the buyer. He told me that he did not agree with that, but for me to keep abreast of the situation as it could impact on me. At that point in time, he asked if any of my CC debt was for the business. I told him it was not.
He asked how things got to the point that I needed to file bankruptcy. I gave him the nickle version, and if he wasn't empathetic, he gave a good show of being that way. He asked if I had destroyed my cc's.
He asked about student loans as I have some that show a 0 balance, and others with a balance due. I explained to him that I had done a consolidation which is why some were a 0, and that I understood that the loans with a balance would not be discharged.
Then he hit on my mother dying in December and any anticipated inheritance. He had one question about it, and that was all.
About that time, the stand-in attorney showed up. He sat down, asked me if I was who I am, and apologized to the Trustee.
By then, it was just the Trustee making sure that I understood what it meant to reaffirm and the implications of filing bankruptcy.
The Trustee then rattled off something real fast about no asset blah blah, 60 days, notice in mail, thank you and good luck in the future and here, don't forget your IDs. The stand-in was questioned about a couple that also belonged to my attorney, but had not shown up. The stand-in asked me to wait for him.
And I did, but outside, in the hallway. Its going on 10 years ago that I stopped smoking, but since then I am a chewing gum addict, and I was desperate to shove a piece of gum in my mouth.
Once he got out there, he apologized PROFUSELY telling me that it was totally his fault, and that he had written me down as a 10:30 instead of a 10:00. I just listened to him. I wasn't happy, but going off on him wasn't going to change anything, so I decided to just shut my mouth and listen. He explained that it was indeed a no-asset case and what would happen from this point forward. My main concern was when I could do something with my inventory that has been "frozen" since I filed, and he gave me an answer that sounded reasonable, and I have sent my attorney an email double checking his answer. The stand-in told me that while he was very sorry that I had to go through that alone that I seemed to have handled what he saw of the procedure very well.
Like others before me, the Trustee was very nice to me. He questioned me a good deal less than he had some of the cases before me, and that was surprised me. I figured that with self employment, I might be more on the hot seat. And even though the stand-in totally caused stress in my life, my own attorney had everything filed as it should have been. That was not the situation in all the cases that were before me. Two of them did not have bank statements submitted that showed balance on filing date, and one of them he did not "rule" on because he was missing information from the attorney.
No creditors were present for any cases that I watched.
After I left, I took myself out for a big treat, and went to IHOP.
It was the first money that I have spent since mid-November...when reality started sinking in about needing to file...that I have not stressed over spending, wondering if I was going to have to justify it to someone. It was a pretty good feeling.So now...I wait.
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