341 in NY State Tomorrow

[NYCountry]

I want to make sure I take everything I need with me as I filed without a lawyer. I have my Soc. Sec. card and other proof. I have the reaffirmation agreements I received from my 2 banks for my mortgages. Do I take my bank statements and copies of the BK filing? Anything else? Any help appreciated.

[Granny]

Do you need to take your tax returns?

[ilovemycaitybug]

No advice because I filed with a lawyer and my 341 is still a month away, but just wanted to wish you luck!!!

[lrprn]

I want to make sure I take everything I need with me as I filed without a lawyer. I have my Soc. Sec. card and other proof. I have the reaffirmation agreements I received from my 2 banks for my mortgages. Do I take my bank statements and copies of the BK filing? Anything else? Any help appreciated.

According to a MD bk lawyer's website at http://www.mdbankruptcylaw.com/lawgu...attoexpect.asp, here's what is recommended to bring to the Ch 7 341 hearing:
- Your government issued photo ID such as a driver’s license or passport.
- Your social security card or a couple of pay stubs with your social security number on them
-YOU MUST HAVE A GOVERNMENT ISSUED PHOTO IDENTIFICATION AND PROOF OF YOUR SOCIAL SECURITY NUMBER. THE TRUSTEE IS NOT ALLOWED TO HOLD THE FIRST MEETING OF CREDITORS WITHOUT THESE IMPORTANT DOCUMENTS.
- If you own a house, a copy of the deed to your house and your last mortgage statement.
- A copy of any paper showing the balance due on your cars if you have car loans.

Since you filed pro se, it makes sense to bring along copies of your forms, the last four years of tax returns, and reaffirmation agreeements as well. We filed Ch 13 and brought a whole folder of stuff with us - bank statements, tax forms going back 4 years, last bill we had received from every creditor, etc. Our lawyer said it wasn't necessary - that if the trustee wanted something we didn't have he would just ask for a continuance. Turns out our trustee didn't ask for anything I brought along but I felt better knowing we had it in case it was needed.

I also thought it might help ahead of time to send you to a list of required and suggested questions that Ch 7 trustees can ask during 341 meetings - http://www.usdoj.gov/ust/eo/private_...mended0306.pdf - see pages 173-177.

Hope this helps! Good luck - be sure to come back after your 341 and let us know how it goes!

[NYCountry]

Thank you all for your quick responses and good wishes. My appt. is at 10:00 so I will either be OK or ready to jump off the court house roof ;<)
I have been on Social Security Disability for about 4 years so I don't have any tax returns but I did "pack" my SS papers. Will clue you all in on the results.

[NYCountry]

341 Finished This Morning - Lots of Questions

All done. I don't know how it went. I do have 2 cars - both paid for but I never got the title on one of them because the credit union says I owe $250 on it. (It was supposed to be paid off by my disability policy so that is strange.) I told them to come and get it - 250,000 miles, rusted, locks don't work and back hatch closes with bungee cord. They don't want it.
The trustee was interested in the 3 acres adjoining my home. I bought it 25 years ago and used it for pasture when I had horses long ago. It is now just scrub brush and to top it off it is landlocked. He asked me a bunch of questions as to how anyone could get to it anywhere and I said they had to go through my back yard as people have bought up all the land around me so hopefully I can keep it. He told his assistant to make sure to get my phone number. Shoot! Wonder what that means. Anyone ever have a phone call from a trustee or anyone else? The trustee lives just a few houses down the hill from me and our kids grew up together.
The trustee got prickly when someone hadn't done something they were supposed to. They all had lawyers with them so I felt pretty good filing on my own. He asked me how I did it.
I have 2 reaffirmations and I had thought the trustee would take them but he said no that it was between me and the court. Do I have to spend $26 to send these to the clerk? I read in one paper that if filing without a lawyer and the reaffirmation is for a real estate lien then you don't need the court to give permission.
Have I asked enough questions??

[SinkingFast]

Since you filed Pro Se, you're going to have to go to a Reaffirmation Meeting with the BK Judge.

Basically all that happens is the Judge wants to be sure you know what you're doing by Reaffirming the debt. That if something happens and you cannot pay, you are responsible. Because you cannot file BK again for 8 years.

The Judge will also check to be sure that the Creditors did not coerce you into signing. That you chose to do so by your own free will. And that by signing the Reaffirmations, you aren't posing an undue financial hardship on yourself.

That's what the Trustee meant by "It's between you and the Court".

Here's a thread for you about another Pro Se Filer's Reaffirmation experience:

http://www.bankruptcyforum.com/showthread.php?t=8644

Someone else posted here once about a parcel of Land Locked land. The Trustee decided to abandon the land.

Hopefully, your case will be quick, smooth, and painless!!

[newgirl]

Glad your 341 is over. Hope all goes smooth for you!

[NYCountry]

Since you filed Pro Se, you're going to have to go to a Reaffirmation Meeting with the BK Judge.

On the reaffirmation agreement 240A, page 4, #7, it says:

If you are not represented by an attorney during the negotiation of your reaff. agreement, it will not be effective unless the court approves it. The court will notify you and the creditor of the hearing on your reaffirmation agreement. You must attend this hearing in bankruptcy court where the judge will review your reaffirmation agreement. The BK court must approve your reaff. agreement as consistent with your best interests, ********except that no court approval is required if your reaff. agreement is for a consumer debt secured by a mortgage, deed of trust, security deed, or other lien on your real property, like your home.


Doesn't this mean that I don't need court approval as my reaff. agreem. is secured by my mortgage.
Thank you for any answers.