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341 Meeting DONE! Chapter 7 - No Assets

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    341 Meeting DONE! Chapter 7 - No Assets

    I just had my 341 meeting and thought I would post my experience...

    The meeting was on "Zoom", and there were 10-12 debtors in attendance, plus a few attorneys representing them. My name was called second, and in summary, basically confirmed that I have read and understood the petition, listed all assets, and had no changes or amendments to make. The questions were all straightforward and I answered every one of them with a YES or a NO. 60 seconds... and I was dismissed. It's done.

    I'm not sure if this is a new thing, but the trustee sent a two-page questionnaire to my attorney for me to complete and return, a week prior to the 341 meeting. So this gave me the list of questions I would be asked, and I could further prepare for the meeting. Very helpful.

    Based on my observations... I think it is wise to hire an attorney. I say this because part of the attorney's paralegal duties include organizing all the information and ensuring completeness. Having ALL information complete and submitted on time is imperative. The couple who went first struggled with this. They did not include a few things in their petition, and a US Trustee was there and questioned them on details of these things, and asked for more information and verification of items in the petition. The attorney/trustee rescheduled a continuance for the couple to seek counsel and gather the requested information.

    So again, I am a advocate of obtaining counsel, and cannot stress enough the importance of a complete and accurate petition. I can state for certain this is why my 341 meeting went so quickly. In the end... it was worth the $2,200 it cost me. So anyone reading this who is considering bankruptcy, please consider counsel. And of course include every bit of information as requested in the petition, and by the trustee, prior to the 341 meeting.

    Now I wait... and with luck, in 60 days, this will be behind me and I can rebuild again - smarter, more diligently, and more responsibly. I am excited for my fresh start!

    Big THANK YOU to all of you who have taken the time to post! I've been reading this forum for a couple years, and it's calmed many a nerve as well as educated me on this process. And... it's given me great hope. I am grateful to all!

    - JC

    #2
    Congratulations! I am very glad to hear it was such a short meeting!

    Regarding the couple that was being grilled that had no attorney, do you recall the nature of the questions they were being asked to provide detail on? What did they forget to include in their paperwork?

    I agree with you 100% that one should always get an attorney. Unfortunately, not everyone can afford it. I know there are pro-bono clinics in some areas, though, but $2000 for private counsel is a helluva lot of money that some folks simply don't have . There are very smart people on this site that have successfully filed pro se, though.

    Comment


    • JCSanDiego
      JCSanDiego commented
      Editing a comment
      Thank you!

      Yes, for sure it's a luxury to have an attorney. I was fortunate to be able to still afford one. Just made things so much easier and stress-free.

      From what I recall the Trustee asked the couple about their auto loan balance, their student loans, medical bills, and prior year's taxes. All of these items were incomplete. I felt horrible for the couple as they were clearly not prepared for the US Trustee's questions. Both trustee's were very polite and professional and set a continuance date, giving them time to gather the information requested.

    #3
    If the United States Trustee (UST) shows up and speaks during your 341 Meeting... then they are interested in your case. This is usually because it is a borderline Chapter 7 or should not be a Chapter 7 at all. The UST will even stump an experienced attorney because the UST is trying to determine if the case should proceed as a Chapter 7. This is not a good thing... ever. Despite the UST showing up for certain debtors at the 341 Meeting, that is not conclusive that the Trustee will move to dismiss the case.

    For the UST to be interested in a case, it is usually because expenses are either doubled or incorrect, income is wrong, or other evidence that the debtor is not deserving of a Chapter 7 discharge. Personally, the UST frightens me.
    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


    • JCSanDiego
      JCSanDiego commented
      Editing a comment
      I believe you are right... those questions were the focus. I recall when the US Trustee was introduced there was a very slight sense of fear throughout zoom. He introduced himself, and said he had audited the couple's petition, and "had some questions"... I think everyone in the meeting was thinking what I was... Crap! I'm next!

    • justbroke
      justbroke commented
      Editing a comment
      I don't even want them in the same room! LOL. Luckily no one during my 341 Meeting slot had any reason for the office of the Region 21 UST to show up. Just their presence in the room means that they are interested in someone / some case.

    • bornfree2
      bornfree2 commented
      Editing a comment
      This is my reaction after reading this surprise UST showing up. Maybe some folks remember this classic show


    #4
    "This is my reaction after reading this surprise UST showing up. Maybe some folks remember this classic show"



    Lol! I remember it vividly! That is so funny - if I get a surprise UST visit, I will be "having the big one" like Fred Sanford! That sounds terribly intimidating.

    Comment

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