Has anyone been caught off guard by 341 questions?

[a.fla]

If so, what was the question? I am worried they're going to ask us something and we're going to be grasping for an answer and being that it's already mortifying enough as it is filing BK, I don't want to be there looking like I'm guilty of something I'm not....I really freeze up with confrontation.

Thanks!

[WantToBeDebtFre]

I thought I was going to forget my name or address, lol. I was really nervous before I went up there. But once the trustee started asking me questions I did fine. Just answer honestly but give really short answers. Don't give anymore information then necessary.

My attorney told me the one question that will sometimes cause problems for people is if the trustee asks you how long ago you realized you were in trouble financially. If you say it's been a long time it can open a hole can of worms because you probably charged up more debt since then. You should answer something, like just the past couple months or whatever. But the trustee didn't ask me anything that I couldn't answer right away.

[a.fla]

The how long ago financial distress thing is good to know....we knew a year ago, but tried our hardest NOT to file, about 3 mos ago is when we decided that we had to or our kids would be paying our debts....LOL

[CATCHMEIFYOUCAN]

I just had the standard questions and answered them with just a yes or no, no need to elaborate. I WAS WORRIED meanwhile IF he were to ask about my gambling habit etc etc etc. but nothing near to that. He just made a big deal as the attorney only proposed $250 payment plan (as the Means Test did show negative $60) even though schedules I and J proved $800. But that is CONGRESS own darn fault. Alot of cases have come and gone disputing that Means Test. Kind of like "Catch 22," If the Means Test shows negative but your shedules prove more than $100 than expect to pay back. I guess Congress didn't realize what kind of problems that Means Test was going to cause.

Best to all, Catchmeifyoucan

[a.fla]

I haven't gotten as far as filling out a means test and the schedules, so I am not even sure what a schedule is yet. There's not much in the way of anything out of the ordinary going on w/ our finances, but we just moved to CA and are moving again to FL after being here for 3 months due to job changes and other complications so we're not even filing until the beginning of March. I'm mostly worried about the trustee brining up our past credit cards spendages as when we moved to my families residence, we had to buy a trailer to sleep in, I had to get a surgery and we lost our insurance so I had to put it all on credit cards - I split it up between three - anyway, long story short, we have been spending a lot not too much more than usual, but a little with our move and my husbands temporary job loss, we had to use cc's to live off of. Anyway, that's my only real worry is that the trustee is going to ask why we took cash out of our checking account - 1,500 then a month later 2,000 - and why we relied on cc's when we were obviously not doing so hot financially.......

[CATCHMEIFYOUCAN]

He wont ask why you got into debt. Everyone has their reasons. He'll be more interested in how much you might be able to pay IF at all your hiding any assets. Most of my debt was from gambling, so I'm alot worst than those who actually use their credit to LIVE off of.

Best of Luck to you and your family, Catchmeifyoucan

[wellspring]

I was asked what I spent my income tax return on. Caught me completely off guard and I thought I was going to have an anxiety attack because I honestly couldn't remember until I got home and checked my receipts. I had to mail him a list of what I spent it on.

[demismom]

We own a business and he wanted to know if we had anything in inventory (we sell antiques/collectibles) worth over $200 individually. I didn't have that answer, although I know we did, I didn't know how many items, so he asked me to email him a copy. That was the only thing that tripped me up, our Trustee was pretty cool, I liked the guy even.

[a.fla]

I can't even remember what we spent our tax return on. I know we paid a lot of our credit cards down and then racked them back up again. We really have no assests at all. If that question comes up, I have no receipts for the rest of what we spent it on though! I hope my trustee is even a little nice. Thanks for all of your input....

[stopthebleeding]

Yes I did. Dumb attorney put on my forms that I made 20K more than my tax returns stated. I just planed to answer honestly and I was extremely nervous I was shaking. My answer came quick so she knew I was honest . She said do you know why your statement with income on it says you made this and your tax return says this and I said it must be a typo . Bad thing was I had previously answered that yes I had read it and it was all correct . LOL.

[a.fla]

Was your attorney present with you while you were there? Our attny is in California (we are filing in FL and he is licensed in like 6 states) so one of his associates will be helping us while we're there, but does your attny being there, if they are, help you feel any better?

[Run]

He wont ask why you got into debt.

Ours did!

And he asked why our phone number was our social security number. It was the phone companies dumb idea. I imagine he thought something was screwy!

[a.fla]

Run, did you do your 341 over the phone? I didn't think you could do that....

[CATCHMEIFYOUCAN]

ph no. same as ssn.

And he asked why our phone number was our social security number. It was the phone companies dumb idea. I imagine he thought something was screwy!

I had a good laugh ! that is certainly unique !

[Run]

Yeah, we did it over the phone and it was about twenty quick and testy questions and done. We only have one phone so when he kept asking about the ability for both of us to talk at once, we assured him we could and held the phone awkwardly between us. It worked, but it was awkward!

We could not have possibly come up with the money to fly or ferry to our meeting (with mandatory multiple overnight stay). So it made no sense, aside from being financially impossible, to attend in person. I doubt other jurisdiction (inland ones) would allow it, but living on a remote island has it's advantages?

I thought the phone number was a dumb idea, but I wasn't anxious to play the try this number, try this number game all day...

So far everything has worked out in the (al;most hopefully) end.