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    Tommorrow is 341

    Thanks to all of you at this site for sharing your 341 experiences. I am not AS nervous as I think I would be. Attorney said both my vehicle lenders will be there for sure. My case is "difficult" per my attorney. Husband makes $135K a year. We have $132K in unsecured debt mainly c/c. Keeping 2 vehicles. Giving back the house.
    Because we are high income with high debt, attorney says it is very difficult. She had to amend means test b/c she put net income instead of gross...so the payment we came up with first was $1560. When she amended it, means test shows $3800 disposable income. There is NO WAY we could do that. She said trustee may object to our rent being high... vechicle being high. So I don't know how it's gonna come out or what objections will be. She was wanting me to be prepared for the worst case. So I'm panicked.

    Since we filed, we have medical bills that must be paid and I don't even have all the bills yet. When trustee objects, and we amend the plan, do we add those as monthly expeneses then? I know they cannot be included in the bankruptcy because they happened after filing.

    Just really really nervous. Praying for clarity and strength...
    One thing I have gotten from this forum is the clear thinking that: This is our debt. I own it. There is no hiding from it anymore. I just hope and pray that the trustee doesn't strip our budget down to where we cannot live reasonably.

    And thanks to you guys for your support on my previous posts. I really do appreciate it.
    Filed: Feb 15, 2007
    Confirmed: Sept 20, 2007
    21 months down
    39 months to go

    #2
    Good Luck, tomorrow, Dovette!!

    I'll be praying for you. That you have a reasonable, caring person governing over your BK. That you'll get a budget you can live with. That your Plan will be as smooth and easy as possible.

    About the medical bills,.......... I really don't know how to advise you there. The 341 isn't really a Forum for discussion of details. It's mainly the Trustee's show. The Trustee asks the questions or requests information. You answer or agree to forward whatever necessary Docs via your attny.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

    Comment


      #3
      Originally posted by dovette7 View Post
      Thanks to all of you at this site for sharing your 341 experiences. I am not AS nervous as I think I would be. Attorney said both my vehicle lenders will be there for sure. My case is "difficult" per my attorney. Husband makes $135K a year. We have $132K in unsecured debt mainly c/c. Keeping 2 vehicles. Giving back the house.
      Because we are high income with high debt, attorney says it is very difficult. She had to amend means test b/c she put net income instead of gross...so the payment we came up with first was $1560. When she amended it, means test shows $3800 disposable income. There is NO WAY we could do that. She said trustee may object to our rent being high... vechicle being high. So I don't know how it's gonna come out or what objections will be. She was wanting me to be prepared for the worst case. So I'm panicked.

      Since we filed, we have medical bills that must be paid and I don't even have all the bills yet. When trustee objects, and we amend the plan, do we add those as monthly expeneses then? I know they cannot be included in the bankruptcy because they happened after filing.

      Just really really nervous. Praying for clarity and strength...
      One thing I have gotten from this forum is the clear thinking that: This is our debt. I own it. There is no hiding from it anymore. I just hope and pray that the trustee doesn't strip our budget down to where we cannot live reasonably.

      And thanks to you guys for your support on my previous posts. I really do appreciate it.
      I don't think it will be as difficult as your attorney is saying, though she is preparing you for the worst. BK is not limited to low income filers. I was a high income filer (not as high as you), but with more cc debt than you. Nothing was mentioned about my income. You may face greater risk of being audited because of your income, but if your hiding nothing, there is nothing to worry about.

      Chapter 13 is about belt tightening. If your living in housing that is way above the norm for the area, you will need to justify why you need to live in such a swankey home. I don't think the new law really allows them to question secured debts though, meaning the car expense is what it is. (I may be wrong on the latter).

      Good luck, and keep you head up no matter...don't let them see you sweat!
      Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
      Plan Confirmation 6/16/06 :yahoo:
      Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

      Comment


        #4
        Applies to Dallas only.

        Take a book, the morning meeting requires lots of time for sitting around doing nothing. There's a short powerpoint presentation and then they get down to business. The afternoon meeting is not bad at all, it's two lectures, but they are light and not too boring. Your parking is free in the morning, but if you leave for lunch, you have to pay to park for the afternoon. Take your parking ticket with you and they validate it when you check in. There are restaurants around and there's also a small deli downstairs but it's not anything fancy.

        It was chilly in there the day I went, but I took a lap blanket and was fine.

        There are cubicles along the back and side wall and that's where the trustee reps are. You won't actually talk to the trustee, but someone he sends in for him, mine was a female. She will tape record the whole meeting, so don't let that surprise you. The rep will have already made notes about your case and already know what they are going to ask. I expected my attorney (or the pitch hitter he sent it) to say something, but he was totally silent. Hopefully your attorney ahs prepped you.

        You will have a little bit of a walk from the parking garage to the building entrance, so prepare for the weather since it's supposed to be chilly in the morning.

        Good luck and please report back ok?
        I used to have a life, now I have grandkids.

        Comment


          #5
          Originally posted by dovette7 View Post
          Because we are high income with high debt, attorney says it is very difficult.
          We were high income Ch 13 filers as well - combined our incomes are a little higher than your husband's and our unsecured debt was a little over $80K. We ended up with three objections to our plan - one from our mortgage company which has since been dismissed by our bk judge , and two from our trustee (mismatch between Schedules I & J and paying back my husband's retirement loans while continuing to contribute to our retirements - we'll be the test case in our bk district for both.

          Since we filed, we have medical bills that must be paid and I don't even have all the bills yet. When trustee objects, and we amend the plan, do we add those as monthly expeneses then? I know they cannot be included in the bankruptcy because they happened after filing.
          I ended up in the hospital 12 days after we filed with an unexpected infection - after insurance paid, we ended up owing the hospital and doctors $2,700. Luckily we were able to arrange a payment plan with the hospital and doctors that we can manage (although there's very little slack in our budget). Otherwise our trustee told our lawyer that he would consider allowing us to skip a payment or two when necessary to help pay these bills. We also could have filed an amended plan, but at least up to now, that hasn't been necessary.

          One thing I have gotten from this forum is the clear thinking that: This is our debt. I own it. There is no hiding from it anymore.
          Congratulations on accepting the hardest but best lesson bankruptcy has to offer! It's so difficult to force yourself to face the truth, but in this case, the truth really does set you free. You'll make it through your 341 tomorrow, and no matter what happens, you will survive it. I thought when we filed if we had to deal with objections, I would truly lose it. Well, we're currently dealing with two, and we're still here and making our monthly payments on time waiting to see what will happen.

          I hope and pray that all goes well for you tomorrow! Please come back and let us know how things go afterwards - we're all there with you in spirit!
          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

          06/01/06 - Filed Ch 13
          06/28/06 - 341 Meeting
          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
          10/05/06 - Hearing to resolve 2 trustee objections
          01/24/07 - Judge dismisses mortgage company objection
          09/27/07 - Confirmed at last!
          06/10/11 - Trustee confirms all payments made
          08/10/11 - DISCHARGED !

          10/02/11 - CASE CLOSED
          Countdown: 60 months paid, 0 months to go

          Comment


            #6
            341 went fine

            Ok. it wasn't as bad as I prepared for. Now it's waiting to see what objections come up. Can't wait to get all this over. Just hope that with all the newer expeneses (which we let trustee know about) that what he comes back with can be done reasonably. No creditors showed up.

            If the truck lender filed objection, do they have to come to 341 or not?
            They didn't show up. The only creditor that showed was for the property we are surrendering. We met with them prior to trustee.

            So I'm glad it went ok....now in limbo to see what is objected.
            Have any of you seen "Facing the Giants"....my new philosophy in life and I will apply it here is:

            "Do the best you can and leave the results up to God"

            Thanks for all of your encouragement.
            Filed: Feb 15, 2007
            Confirmed: Sept 20, 2007
            21 months down
            39 months to go

            Comment


              #7
              Originally posted by dovette7 View Post
              Ok. it wasn't as bad as I prepared for. Now it's waiting to see what objections come up. Can't wait to get all this over. Just hope that with all the newer expeneses (which we let trustee know about) that what he comes back with can be done reasonably. No creditors showed up.

              If the truck lender filed objection, do they have to come to 341 or not?
              They didn't show up. The only creditor that showed was for the property we are surrendering. We met with them prior to trustee.

              So I'm glad it went ok....now in limbo to see what is objected.
              Have any of you seen "Facing the Giants"....my new philosophy in life and I will apply it here is:

              "Do the best you can and leave the results up to God"

              Thanks for all of your encouragement.
              Glad it went well for you. I was more nervous than a long tailed cat in a room full of rocking chairs, and it wasn't as bad as I prepared for.

              Objections can be filed all the way to the bar date allowing them to file objections, which I believe is 60 days after the 341 meeting. They have 90 days to submit claims.

              Generally, there are few objections (except from the trustee) in a Chapter 13. Unless you had large number of cash advances 60-90 days from filing, you should be ok as far as the unsecured creditors. The secured creditors are priority creditors who do get paid so that should not be a problem either.
              Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
              Plan Confirmation 6/16/06 :yahoo:
              Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

              Comment

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