Thanksgiving Eve 341

[Crozier]

So, the 341 experience is everything it is cracked up to be. One hour wait, very nice receptionist at the check in table. My attorney was there, dapper as ever. Then I saw them... a creditor and an attorney for the creditor. They didn't seem to know one another, which struck me as odd, but they were obviously there for lil ol' me.

I was called in and seated before the Trustee. He swore me in, verifed my ID and asked some very general questions. Did I review the forms, did I sign the forms, is everything true and correct? He then questioned the feasibility of my plan and asked that I recalculate my numbers to include some general creature comforts (new clothing, hair cuts, and even entertainment). No problems at all.

Then came the creditor and the attorney. The creditor just sat there quiet, taking notes. The attorney started with the market value of the home I rent, then commented on the fact that it was in a nice neighborhood. The attorney then asked if I how many where I got my hair cut? Well, as weird as that may sound, I couldn' help but laugh. I have been bald for twenty years...not a cul de sac...completely bald, likeTelly Savalas. A few more goofy questions about the home I rent, and the Trustee became agitated. He abruptly ended the querey and excused us all. My attorney seemed confident that everything was ok.

As I was leaving, the creditor and the attorney approached me and offered to lower the car payment of a car I intended to surrender. My attorney intervened and asked for any communication or offers in writing. Pretty interesting day to say the least.

All-in-all, pretty painless. I will offer this piece of advice. Be organized, have two copies of everything you are required to bring, and be on time. I saw a few train wrecks while I was waiting.

Happy Thanksgiving to all of you.

[Faust]

Thank you for the tips!

[fireman32]

Thanks for the tips. Glad it went fairly smooth.

[Nanzee]

Thanks for sharing your experience. My 341 meeting is on 12/14. Unfortunately I did not find these boards before I filed, and I was never told by my attorney that our payment of $450.00 could be increased. I have no idea if it will be or not, but I did not know that until I came here. If it is greatly increased, I know we will not be able to do it, and I suppose that will be that. I am in new york - I went from thinking I finally made a decision that would help us in the long run, to being terrified of the outcome.

[OHBOY]

The attorney then asked if I how many where I got my hair cut? Well, as weird as that may sound, I couldn' help but laugh. I have been bald for twenty years...not a cul de sac...completely bald, likeTelly Savalas. A few more goofy questions about the home I rent, and the Trustee became agitated.

I just read the above part of your post to my spouse, who visualized the whole setting, appearently quite vividly, and broke out into a belly aching, takes your breath away, loud, non stop laughter, the kind that has been pent up for a while, where all frustrations get released....

Geehhh, if I decide to file, maybe it would be better not to have her sit behind me throughout any 341 hearing...?

Thanks for sharing your experience !

[Crozier]

OhBoy, glad to provide a little stress relief. I know exactly what you mean. When I re-read my post, I saw the typos and relalized it's probably not a good idea to drink and type.

All kidding aside, one thing I forgot to mention, the creditor mentioned a 2004 hearing. I did a little research and found that it is a more in depth 341 type hearing. I guess another reason to have all your receipts and ducks in a row.

Now go enjoy family, some turkey and dressing, and leave this BK madness alone for a few hours!

That's what my DW just said (yelled)...... I gotta go before she kills me!

[fooked]

Glad it went relatively well... mine is scheduled for Dec 30th @ 3:00

[rrockinggramma]

that creditor is going to file an adversarial action, hence the 2004 exam. It is like a court hearing where they take depositions. So what is it with this car? you are surrendering it. Is this a credit union? A 2004 exam means the creditor thinks there is some kind of fraud involved and they are going to try and get it to come out. They are objecting to your filing of the bk. However, and an attorney can help me out here, can you have a 2004 in a chapter 13 since the creditor is getting something? Hmmmmm. . . .

[DeadManCrawling]

rrockinggramma,

Nice to see you post. Maybe I just miss you on the posts, but you seem to have been less frequent on the board lately, and I fondly recall some of your posts from about three years back when I first joined the forum. I was a total wreck then, and appreciate the patience you and others showed for my obviously borderline sanity.

That's all. Nice to see you,

best,

-dmc

[Crozier]

The car is no big deal, a 2007 Honda. Not a fancy one at all. Yes it is a credit union. They seemed upset because I make a decent wage. Prior to my troubles, my lifestyle was based on two incomes. When DW's income ended, due to layoff, we held on for as long as we could. Almost a year and a half later, with no savings left and one vehicle repossessed, I guess the credit union believes I should be able to make it on 50% of our normal income.

We have no assets or luxuries, we live a very simple life; only we live in a nice neighborhood. I got the impression that my income, the neighborhood, and the fact that I have filed is a huge issue to them.

This comes after they denied my application to refinance our loans (with a higher interest rate, longer term, with less of a monthly payment) and a one hour lecture, literally scolding us, describing our financial picture as bleak, more like a sinking ship...no kidding!

I plan on surrendering the car, but the CU lawyer wants me to consider keeping the car with a lower payment and a higher chapter 13 plan payment. Kind of weird, considering they are inferring fraudulent behavior on my behalf, 20 minutes before the offer.

My lawyer said it is a normal creditor response to non-asset cases with higher than average income.

The tryptophan is kicking in... need more pumpkin pie to continue....

[rrockinggramma]

credit unions are really nasty in bk. LOL I am sure you will be fine. You can prove your loss of income etc so you should not worry about this. However it might cost a little more in legal fees since your attorney has to represent you at the hearing. (you will need to testify as well) But in the end, I am sure the credit union will withdraw their motion and your bk will proceed. Too bad they are spending more money just to try and trip up your bk.

Hang in there and good luck.