Tell me about your 341

[Retired_Broke]

My 341 was continued. Before the Trustee swore me in, he asked me questions off the record about my business, property, and what I thought my income would "really" be during the next 12 months. That took about 10 minutes, and he openly conferred with a BK attorney who was sitting with his clients behind me during this questioning. My attorney was present and interrupted him several times.
Once sworn in, it was just routine - maybe 3 or 4 minutes. But he ended up continuing it for a week so that he could present me with an offer of partial restitution to the creditors paid out over the next year. It didn't become a real Chapter 13, just a "buy back" of assts he deems non-exempt, but that my attorney says are definitely exempt.

Just before my turn, an elderly couple were sworn in. It was very sad. The wife had to speak and be sworn, because her husband was unable due to his diminished mental state. They were bankrupt because of medical bills, and were trying to stay in their home. The wife didn't realize that she couldn't give away their newer SUV to their daughter and blabbed it to the Trustee.
She explained that with their failing health they needed the daughter to drive them to appointments and for shopping, and that her daughter's old car wasn't adequate.
The Trustee didn't buy it, making the SUV gift non-exempt. Either they would have to "buy back" the car, or the Trustee would take it.
I guess he's got himself a new SUV now.

[CATCHMEIFYOUCAN]

Why I converted ...

The 7 trustee did ask me why I converted - and that was hard to summarize. I was just so nervous that I ended up choking and my lawyer helped me. The trustee was nice about it and was like, "So you had second thoughts about 13?" I said yes, and it went smoothly after that.

Ohhh yeah, the Trustee did ask when I converted from Ch13 to Ch7 why I converted, I said, "I didn't want to work 80 hours a week anymore!" I had been working 2 full time jobs and the lawyer from the get go told me all I had to do was quit one job and I could file Ch7, but I dragged it out cuz I didn't want to quit "double," my income. Also, I wanted to show that I was willing to pay back as much as my debt, as most of my debt was from gambling, so I thought I would throw the creditors off a bit (run less risk of objections), by showing I was paying them back SOMETHING (which would of ended up being .13 cents on the dollar). The Trustee from the original Ch13 plan got greedy and wanted more, so the plan was going to jump from $250 a month to $800 month! NO WAY, why see 5 years of of THAT, when I could just quit one job and only see a couple months of living a bit tight instead of 5 years! SHREWWWWWW.

CMIYC

[ICEHOUSE]

The 341 appt. is tomorrow.Just wondering how long your meeting was?If it was relatively painless?Or if you had problems Basically the good,the bad and the ugly!

Thanks!

I just went to my 341 in the state of SC on April 3rd 2007
The Attorney met me there but he recommended I get there
thirty minutes early and sit in just to listen and know what to expect.
I did that and it helped alot. He did rip one guy a new one but that was
because he spent his 4,000 tax refund LOL before the 341. Everyone else
including myself it went painless. It took maybe 3 minutes and maybe 5 questions which included the standard ones that he ask everyone about
reading forms they sent and did te attorney give you such and such and did you sign them. Went really well. Good Luck to you.

chris