341 tomorrow

[erin1222]

Me and my husband are due to have our 341 tomorrow. I am feeling sick but have been told by my attorney all will be ok (fingers crossed). I guess the fear of the unknown is killing me. We plan on arriving early so there is one less stress. I tell ya all the stress I have had in my life this has to be the worst one yet. I am keeping my fingers crossed that all will go smooth and that finally we will be able to start over. We have seen the error of our ways and have learned to not live beyond our means which is a great feeling.

[AngelinaCat]

Erin: First of all {{{HUGGS}}}

As long as you have answered everything on your petition truthfully, and you reviewed it to make sure everything on it is correct, you should be okay. Make sure you have your DL and SS cards with you; put them at the door, along with anything else you may have been told to bring.

Try to get a good night's sleep--difficult, I know. Make sure that you truly know where you are going. Leave plenty early to allow for traffic and parking problems. You may want to bring a bunch of quarters with you, if you cannot park somewhere for free.

Good luck and wishes to you. I don't know what else to add, other than if you haven't been told, dress is usually 'business casual'. That can mean khaki pants for both of you, with a blouse for you and a polo shirt for him. You can also wear those. I would leave any type of thong of 'flip-flop' shoe at home. Sneakers are fine.

Sometimes, but not always, you will be told to leave the cell phone, or any other type of electronics in the car. If you are meeting in a Federal building, that is more likely. If you are meeting somewhere else, this requirement doesn't happen as much.

Good luck again.

[erin1222]

thank you your advice and kind words mean a lot.

[ValleYum]

Good luck erin!!!! It will be fine and you both will feel so AWESOME when you are through tomorrow!

I was so nervous I kept shaking my head "Yes" and "No" instead of speaking out loud - hubby kept having to elbow me in the ribs to get me to speak. Normally, he can't shut me up! LOL

Let us know how it goes!

[IamOld]

Best wishes!!!

[erin1222]

had our 341 this morning didn't go as planned the trustee seemed in a bad mood and asked us what we spent every penny on which was fine cause I had an answer for every questions. We are a high income case and he is referring it to the US trustee because he thinks we should be in a chapter 13. My attorney told us not to worry worse cause we would be in a 13 for 60 months. I had a feeling it would go bad but there is nothing I can do about it but just wait it out. Trustee was annoyed my attorney didn't send some paperwork but according to my attorney he did it on purpose so he didn't have time to mull stuff over. my attorney even took my file to a trustee for advice and he said our case should go through but I guess our was not the easy. i guess it is in other hands for now.

[debee]

had our 341 this morning didn't go as planned the trustee seemed in a bad mood and asked us what we spent every penny on ... We are a high income case and he is referring it to the US trustee ...

What do you mean he asked what you spent the money on? Did you dispose of assets prior to filing?

Also, how much above the median in NJ are you?

Also, how did you do on the Means Test and what is your dmi when you subtract schedule I from schedule J.

In order to end up in a chapter 13, you need to have the dmi to fund it.

[erin1222]

What do you mean he asked what you spent the money on? Did you dispose of assets prior to filing?
we listed all out assets prior to filing he wanted to know more figures, why I don't know. Nothing was disposed of prior to filing I sent everything that needed to be sent in. nothing was hidden he just felt we belonged in a 13 and is letting the US Trustee make the call.

Also, how much above the median in NJ are you?
I am not sure how much over but my attorney did the numbers and there was no dmi left to fund the 13 he said it would be tricky and I guess it was.

Also, how did you do on the Means Test and what is your dmi when you subtract schedule I from schedule J.
when my attorney did the means test we came up neg

In order to end up in a chapter 13, you need to have the dmi to fund it.

we don't have the dmi to fund it I followed everthing my attorney told me to do I sent him every receipt every paystub everything.

[debee]

Getting referred to the UST alone is not the end of the story. In fact it's normal for high income filers. He was going to be going over your petition anyway. It's also normal to have to produce more records, etc but it doesn't mean it's over for you in a 7. So hang in there.

The UST will be going over your Means Test and schedule J looking for expenses that exceed the standards so he can object to them. On J he'll only do it if he can drum up enough of them to fund a 13.

Passing the means test lets you file your petition, but in order to get the discharge your dmi on schedules I/J need to be below a certain amount. If you have a copy of your petition, or if you can get a copy, you can post some of your numbers here for feedback.

[IamOld]

Getting referred to the UST alone is not the end of the story. In fact it's normal for high income filers. He was going to be going over your petition anyway. It's also normal to have to produce more records, etc but it doesn't mean it's over for you in a 7. So hang in there.

The UST will be going over your Means Test and schedule J looking for expenses that exceed the standards so he can object to them. On J he'll only do it if he can drum up enough of them to fund a 13.

Passing the means test lets you file your petition, but in order to get the discharge your dmi on schedules I/J need to be below a certain amount. If you have a copy of your petition, or if you can get a copy, you can post some of your numbers here for feedback.

Debee - quick question - if you are an over the median filer, is that an AUTOMATIC referral ALWAYS to US Trustee? Or is it less likely in "very expensive urban area?"

[debee]

Debee - quick question - if you are an over the median filer, is that an AUTOMATIC referral ALWAYS to US Trustee? Or is it less likely in "very expensive urban area?"

I think it's automatic that the UST looks at over-median petitions. I've never done any research on this myself. My understanding comes from what a couple of reliable/accurate old forum members have posted. If they're wrong, I'm wrong too, but in great company.

But just because the UST looks it over doesn't mean an objection is forthcoming.

It's just that his office lackies will run the numbers past their velociraptors. If they find a crevice to stick a claw into after a first quick look, then they'll try to crack the petition open. Doesn't mean they will be able to do it.

edit: However not all over-median filers are told at their 341 that the case is being referred to the UST and that the trustee doesn't think they qualify for a 7.

[debee]

The Chapter 7 Trustee Handbook can be read here.

I copied this from Chapter 6, Section F: "The trustee must review the schedules, statements of financial affairs, and statements of current income and expenses in each case, for any evidence of substantial abuse that may provide the basis for a motion to dismiss pursuant to § 707(b). Such evidence may also arise or be confirmed at the § 341(a) meeting. If such evidence exists, the trustee should notify the United States Trustee. The United States Trustee determines whether to move for the dismissal of the case under § 707(b). "

The next section goes on to list the reasons for such a referral:

1. Debt is not primarily consumer debt
2. Ability to repay debts (DMI from I/J). Future earnings capacity also considered.
3. Motivation for filing (lack of honesty, want of need)

[AngelinaCat]

It is also possible that the UST will pick a case at random for a more intense scrutiny or audit. I have read that this happens to 1 in 1000 cases. With the increase in filings over the past two years, this number is likely no longer accurate.