Question 341 Meeting and After

[Star68]

I just had a question, it is probably nothing, but my nerves are making me worry…. but thought I would ask. I had my 341 meeting and it did not go as well as what I have heard in here lol Objected to a lot, and without going into too much detail, some of what was said did not make sense to me. Here is my concern(again, can just be nerves) this was almost three weeks ago and I have not heard from my attorney. I try calling, I just get the assistant who says we are working on it and that is it. Meanwhile the trustee sent me something saying they will dismiss my case by a certain date if they don’t get what they asked for. So! Is all of this normal? I do tend to worry a lot, it is hard not knowing what is happening.

[justbroke]

Well, in a Chapter 13 there are typically objections to things. You may have been reading about Chapter 7 cases where about 90-95% of the cases are relatively simple 341 Meetings. However, a Chapter 13 is different. Some have opined that Chapter 13 Trustees like to object to the proposed plan just proforma (as something they just do as a standard). My Trustee objected to something that they later just conceded. (Just like some of the creditors who will object to confirmation... maybe just to put the debtor on notice and prevent confirmation of the plan in the interim.)

I don't know.

The Trustee can't dismiss a case. Only the court can dismiss a case. The Trustee can only file a Motion to Dismiss and tehre will be a hearing scheduled (typically 21-30 days after the motion is served on your attorney). In other words, the Trustee can only ask the court for dismissal. Please know that a lot of the language that the bankruptcy court, Trustees, and attorneys use is standard language. "If you don't file Form XX within 14 days, then Trustee will seek dismissal." Seeking dismissal is merely filing a motion. In a Chapter 13, a motion to dismiss will nearly always require a hearing.

I would just follow up with your attorney tomorrow and remind them of the date. I'm sure they are working on it, but many things in bankruptcy are oddly filed at the last minute. Yes, the last minute. This is mostly because nearly everything is filed electronically these days in the case management system (CM/ECF). The public uses the same system, but it's lovingly called PACER (public access to court electronic records).

TL/DR: the answer is yes. This is about normal in bankruptcy cases. Many last minute filings are done. Even at the last minute, the attorneys -- or even the Trustee -- may make a request to extend a deadline.

[Star68]

Thank you, that makes me feel so much better and it does make a lot sense. I probably was looking at the Ch 7 341 meetings. I was kind of nervous going into it but was really expecting a good outcome lol My experience with it was not good, but every case is different and maybe it was an off day😏I do plan on calling, I try not to call too much and just wait to hear back when they are ready. I know they have a lot of cases. This is such an Amazing group, I am happy I found it. There is so much information and I like how it has followed some members through their entire bk.

[Carmella]

We had an objection that was to increase our BK payment, but the attorney told us not to worry. Turns out it was dropped because we were in 100% pay back so raising the payment $200 wasn't even something to be be considered since we were already paying it all back.