341 Meeting--Not a good experience

[sophie]

At our 341 meeting the trustee said I will not recommend until further investigation. We make more then the medium, however we passed the means test. Our debt is much greater than our income. He questioned our attorney about how he came up with the figures for the means test., etc. Everyone ahead of us was in and out 2 minutes. There was one case that was so unbelievable to us (he had boats, a very expensive house that was paid for, was in bankruptcy for the 2nd time, etc. and he said to him, I recommend discharge!!!!!!) and to us, further investigation! We were there for almost 30 minutes. Have you experienced a trustee recommending someone for a 13 although we have no extra income (we're really in the negative) to even have a quarter left over for a payment plan? I'm really nervous about this. Also, how long do they investigate before they make a recommendation?

Thanks.

[NowOrNever]

At our 341 the trustee didn't say anything to anyone about whether or not he would recommend a discharge. He did say whether he would or wouldn't abandon certain property. In our case, he would not abandon our house or a vehicle we have. We had to have appraisals on both. The UST also asked for some extra bank statements and tax returns. He then scheduled us for a continuance of our meeting in 30 days.

His appraiser came to our house, we got our own appraisal on the vehicle, and gave that, along with the documents for the UST to our attorney. Since we submitted all of the additional info, we didn't have to attend the second meeting. A little bit after that we got word that the UST had no further interest in us and the trustee would do a settlement on the house. We got our discharge just last week, and it was still in the regular time frame of 60 days after the 341.

I know how nerve racking it is to see everyone ahead of you breeze through the 341 and then have a snag at your case. That's just how it was for us and I really freaked out. Tears and the whole works. The folks out in the waiting area probably thought "OH MY GOD! THIS IS GOING TO BE BAD!" when they saw me come out of the room. But our attorney took us into a little office and told me not to worry, we will work things out...and he did.

I just knew they would dismiss us for a 13, but it didn't happen. So try not to worry too much (I know, easy for me to say) and provide whatever additional documentation the trustee may ask for. Do you have an attorney? Be sure to have a sit down with him or her if you do, ours certainly eased my mind. I wish I could offer more, but there are others on this board with much more knowledge than me.

[CATCHMEIFYOUCAN]

Means Test

When you say you "past," the Means Test, what exactly do you mean? Did you come out with a negative balance or a positive balance. Also how did it compare to your schedules, I and J. Read my new post "341 to the Judge," although mine Bk13 is pretty straight forward, all unsecured creditors, no assets.

Good Luck! Catchmeifyoucan

Things always have a way or working themselves out, it's ok to be freaked, because in the final outcome you'll be less freaked having been too freaked.

[badgambler]

My trustee said flat out.. I owed to much on credit cards and she wanted my lawyer to dismiss the case... I kid you not.. I owed to much money was her reason... lol

[GPFAY]

WHAT do you mean by last post,isn't that the reason we file,that we all have
too much unsecured debt.what did your attorney say/do?

[miss puff]

At our 341 meeting the trustee said I will not recommend until further investigation.

Hey Sophie. Could be the Trustee just wants to make sure that your expenses are more than your income. Maybe after they see for themselves that you are in the whole every month they will recommend discharge. Hang in there. We're all here for you and we'll help you get through it.

Curious, BadGambler, did you end up getting discharged?

[sophie]

Thanks so much for the encouragement. NoworNever, it really helped to hear from you. I'm trying to remain calm but I feel as if my whole future depends on this one individual. It seemed like forever the past 30 days and now I have to wait to see what the trustee decides. I guess not much I can do now. Did my best. Thanks again.

[razorguns]

hard to say w/o knowing all the specifics of your case. Something got you in his radar. Trustee's usually pick 1 or 2 cases to concentrate on for the rest of the day.

r

[anonymuse]

At our 341 meeting the trustee said I will not recommend until further investigation. We make more then the medium, however we passed the means test. Our debt is much greater than our income. He questioned our attorney about how he came up with the figures for the means test., etc. Everyone ahead of us was in and out 2 minutes. There was one case that was so unbelievable to us (he had boats, a very expensive house that was paid for, was in bankruptcy for the 2nd time, etc. and he said to him, I recommend discharge!!!!!!) and to us, further investigation! We were there for almost 30 minutes. Have you experienced a trustee recommending someone for a 13 although we have no extra income (we're really in the negative) to even have a quarter left over for a payment plan? I'm really nervous about this. Also, how long do they investigate before they make a recommendation?

Thanks.

It sounds like a case of just needing more documentation. Did you review all of your BK paperwork before you signed it? Go back over it with a fine toothed comb to make sure everything is accurate. Make sure all of your receipts are organized in case you're asked to justify any expenses.

After you did Schedule I (income) and J (expenses), how much disposable income was left over there or were you in the negative there also?

Plenty of people are over the median income for their state and still pass the means test leaving them without any disposable income for a Ch 13 plan.

The amount of debt you owe (unless it is business debt) in relation to what you make is of very little consideration to a trustee. They are just looking at your ability to repay any of the debt, if possible.

[NowOrNever]

Sophie, at my meeting, a woman in front of us was grilled by someone from Chase. The trustee didn't seem to have a problem with her, but the Chase guy sure did. I was afraid he was going to stay to talk to us, too, but he left after slamming her. If I'd have had to deal with him and the trustee issues, I really would've been a basket case.

Hope you're feeling a little better today.

[CATCHMEIFYOUCAN]

There is only so much ...

Reading some Bk info somewhere, depending on which Bk you are filing, believe it or not, there are limits to the amounts.

Catchmeifyoucan

[9877donna]

Hey Sophie,Sorry your 341 did not go well.I thought it wasn't until October?
Did they change the date?
Wow you were there for 30 minutes? That's quite a long time.I'll bet your glad you had a lawyer!!
Please let us know how it all turns out.
Donna

[saucey]

Hey Sophie,Sorry your 341 did not go well.I thought it wasn't until October?
Did they change the date?
Wow you were there for 30 minutes? That's quite a long time.I'll bet your glad you had a lawyer!!
Please let us know how it all turns out.
Donna

hi donna!i think that your thinking of me.my 341 is friday october 6!

[SinkingFast]

hi donna!i think that your thinking of me.my 341 is friday october 6!

We're going thru this together Saucey! Ours is Oct 11th.

[9877donna]

hi donna!i think that your thinking of me.my 341 is friday october 6!

Hey Saucey,Your right! I'm getting 'Saucey' and 'Sophie' all mixed up...
Thanks for the heads-up.
Donna