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Can you gauge outcome of CH7 from 341 meeting?

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    Can you gauge outcome of CH7 from 341 meeting?

    I filed CH7 due to enormous unsecured debts in excess of $160k that mostly arrived from two failed small businesses and extremely low income. I fell about 5 or 6 months behind my cc payments and I was concerned I would get sued. I tried to pay but I just did not have the money. However, during the exact period where I was about to file, I was miraculously offered a job that pays a pretty decent salary above the median. I actually considered at one point declining the job offer because I thought it would negatively affect my ch7 filing. My lawyer still filed because I still qualified based on the last 6 months of pay.

    However, I was super worried that they would force me into a ch 13 because the new job kind of made it look like I had more than enough money to pay and live happy. It was a false representation of how hellish my life was in the past 3 years...and even with the new job it would take FOREVER for me to get back on my feet.

    Before the 341 meeting, the trustee asked for all pay stubs/advices in the filing period. In addition, she asked for the last 5 years worth of tax returns which my lawyer found odd. I was bummed. Anyway, my 341 meeting was scheduled for this past Monday in New Jersey. I got there early and listened to the other cases. I was just worried that the Trustee would start grilling me and basically tell me hell no. Evidentaly, I was the last person on her appointment calendar. I sat with my lawyer and she just asked me the basic/scripted questions. The only odd ball question she asked was what was my highest salary in the past four years in which I answered truthfully. Four years ago I had a pretty decent salary. I seriously expected her to raise concerns or questions about my new job and the significant increase in income...but she did not mention it at all. She actually seemed pretty nice with me. In the end, she said the standard line and told me goodluck and off I went. I don't know what to make of it. I checked pacer and it just shows a status of "awaiting discharge" with something referencing 35 days..it said status set "meeting of creditors ch7 no asset"... I forget the exact notation. My lawyer commented that the meeting went well and it was a good sign that she did not bring up the new job/income. I'm hoping this is good news but I'm still worried. I don't know.

    #2
    Yes, you can generally tell what your case will be like by the conclusion of the 341 Meeting. First, if the Office of the United States Trustee (UST) didn't show up, that's a good thing! If no creditors show up -- however rare that is -- that's a good thing! If no angry relatives show up -- however rare that is -- that's a good thing! If the Trustee says "concluded" and "good luck" -- or something similar -- that's a good thing!

    Generally speaking, the majority of Trustees don't care what job you get AFTER you file. So long as they don't think that you "timed" your filing or have other suspicions that you are gaming the system. Most of the time, this is purely a paperwork issue and what you have filed as of the petition date.

    If you hear nothing from the UST within 10 days following your 341 Meeting... you are typically clear!
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Justbroke,

      I appreciate the prompt reply, and I hope things go smoothly. No, the (UST) did not show up and no creditors showed up as well. I hope I don't hear anything from the UST within the period you have specified.

      Does the (UST) randomly select cases similar to an IRS audit?

      Comment


        #4
        Originally posted by spydc View Post
        Does the (UST) randomly select cases similar to an IRS audit?
        Yes, but you would have known about this within 2 weeks of filing! I know this won't help, but please stop worrying! You are on your way to an uneventful discharge!
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          Thanks for the words of encouragement. I sure hope you are right. And for those wondering.. my 341 meeting took place in Newark, NJ.

          Comment


            #6
            GOOD LUCK SPYDC!!!!!!! and best wishes!

            Justbroke not to intrude, but being the PACER troll that I am...I do see that in my district some trustees issue their report the next day after the 341, some two, even three weeks later...doesn't seem to be any rhyme or reason.....???

            Comment


              #7
              Originally posted by IamOld View Post
              Justbroke not to intrude, but being the PACER troll that I am...I do see that in my district some trustees issue their report the next day after the 341, some two, even three weeks later...doesn't seem to be any rhyme or reason.....???
              It just depends on their workload and their specific process. Remember that Chapter 7 Trustees are just local attorneys that are appointed to be Trustees. They actually have other things that they do. Some Trustees are faster, for sure.
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog

              Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

              Comment


                #8
                Originally posted by justbroke View Post
                It just depends on their workload and their specific process. Remember that Chapter 7 Trustees are just local attorneys that are appointed to be Trustees. They actually have other things that they do. Some Trustees are faster, for sure.
                Thanks!!! Indeed ALL of the ones here - ALL of them, have F/T jobs as lawyers...in BK, estate planning, business law type practices.

                Comment


                  #9
                  Sounds like you are in the clear.
                  If during your 341, trustee ask you "any change in income since you filed?". You might be in diff. position now. Lucky you, she didnt ask you that question.
                  Congrat"""""""

                  Comment


                    #10
                    The strange thing is that the trustee knew I had a new job already and change in income...in fact the last two pay stubs from the period requested included pay stubs from my new job.... but she did not ask the question at the meeting. I was certain she was going to mention something about it.. but didn't at all... as though it wasn't a big deal. I was really concerned about this part.

                    Comment


                      #11
                      My lawyer told me they go by up to filing. I think you'll be fine.

                      Comment


                        #12
                        Hi just checked the docket section in pacer today and noticed this was filed as of today 11/4/2011 (I removed the name):

                        "11/04/2011 Chapter 7 Trustee's Report of No Distribution: I, XXXXXXXXXXX, having been appointed trustee of the estate of the above-named debtor(s), report that I have neither received any property nor paid any money on account of this estate; that I have made a diligent inquiry into the financial affairs of the debtor(s) and the location of the property belonging to the estate; and that there is no property available for distribution from the estate over and above that exempted by law. Pursuant to Fed R Bank P 5009, I hereby certify that the estate of the above-named debtor(s) has been fully administered. I request that I be discharged from any further duties as trustee. Meeting of Creditors Held on 10/31/2011. . Key information about this case as reported in schedules filed by the debtor(s) or otherwise found in the case record: This case was pending for 1 months. Assets Abandoned (without deducting any secured claims): $ 0.00, Assets Exempt: $ 11898.00, Claims Scheduled: $ 167599.00, Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment (without deducting the value of collateral or debts excepted from discharge): $ 167599.00. (XXXXXX, XXXXXX) (Entered: 11/04/2011)

                        Comment


                          #13
                          WONDERFUL SPYDC!!!!! (can I ask...when was your 341??)

                          Comment


                            #14
                            I know.. i'm still in shock right now!!! My 341 was on 10/31/2011

                            Comment


                              #15
                              Originally posted by spydc View Post
                              I know.. i'm still in shock right now!!! My 341 was on 10/31/2011
                              GOOD FOR YOU!!!!!!!!!!!! (Wish mine was done that quickly...)

                              Comment

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