My (2nd) 341 is today and I'm scared

[struggling]

As most of you know from a previous post, my attorney messed things up and my 341 was continued. My car was repo'd last week, and I ended up getting a car, but it's financed in my brother's name (the lender wouldn't allow my name on the loan at all). My first payment won't be until January.

How likely would it be for the trustee to convert me to a ch.13 since according to *my* expenses, I no longer have a car payment and am now at around $450 disposable income? I'm actually at $120 with the new car pymt., but this car isn't in my name. Would he accept the fact that I'm paying for this new car? Should I take the loan docs to show that it was purchased the day after my car was repo'd to strengthen my argument? My attorney keeps telling me it'll be fine, but after the mess he put me in, I can't trust him anymore.

I only make $18,000/yr. I can't imagine what I'll do if he forces me into a 13. I'm so nervous I couldn't sleep all night.

p.s. thank you to everyone who has been taking the time to answer my questions!!

[struggling]

How likely would it be for the trustee to convert me to a ch.13 since according to *my* expenses, I no longer have a car payment and am now at around $450 disposable income? I'm actually at $120 with the new car pymt., but this car isn't in my name. Would he accept the fact that I'm paying for this new car? Should I take the loan docs to show that it was purchased the day after my car was repo'd to strengthen my argument? My attorney keeps telling me it'll be fine, but after the mess he put me in, I can't trust him anymore.

Sorry, I meant to say I would be currently at $250 disposable income without the car payment, and negative -$50 with. I don't know how I came up with those other numbers.

[rilbrianne]

I can't answer that for you but (((((HUGS))))) and I hope it goes smoothly. I'd take the paperwork just in case.

Hope someone chimes in soon before you have to go.

[PaKettle]

As most of you know from a previous post, my attorney messed things up and my 341 was continued. My car was repo'd last week, and I ended up getting a car, but it's financed in my brother's name (the lender wouldn't allow my name on the loan at all). My first payment won't be until January.

How likely would it be for the trustee to convert me to a ch.13 since according to *my* expenses, I no longer have a car payment and am now at around $450 disposable income? I'm actually at $120 with the new car pymt., but this car isn't in my name. Would he accept the fact that I'm paying for this new car? Should I take the loan docs to show that it was purchased the day after my car was repo'd to strengthen my argument? My attorney keeps telling me it'll be fine, but after the mess he put me in, I can't trust him anymore.

I only make $18,000/yr. I can't imagine what I'll do if he forces me into a 13. I'm so nervous I couldn't sleep all night.

p.s. thank you to everyone who has been taking the time to answer my questions!!

If I were you I'd trust your attorney on this. Definitely get with him to ask how you should respond if this or that comes up. I wonder if you could say "... but I am using the extra money to buy a car" and leave it at that - as if you maybe have not bought the other car yet, but plan to. In other words, don't lie but state it such that it could be interpreted that you have not bought but plan to buy a car with the extra money. Ask your attorney about how to handle this! Although he screwed up before, I'm betting he won't want to screw up again so I think you can trust his advice on this!

Since you do have to have a car, I would think that it would be allowed to spend the money on another car.

Best of luck. Just remember there is nothing you can do, now, so just hope for the best and know that you can handle it, whatever happens. Let us know how it went.

[newimges]

I hope your meeting went smoothly. Keep us posted.

[struggling]

Thanks everyone for wishing me well. I just got back and everything went smoothly!! OMG, I can't believe I'm finally in the 60 day club!

For those that are curious, I'll tell you how it went...
First of all, I am in the Eastern District of Michigan. I think the hardest part was trying to navigate through downtown Detroit! I got there early and sat in on other cases just to get a feel of what questions the trustee was gonna ask (he seemed very thorough...asking TONS of questions...but a very nice man. He even joked around a bit and made people feel comfortable). I would post his name on here for anyone who's curious to know if he might be their trustee, but I'm not sure I'm allowed. If someone tells me it's ok, I'll give his name.

Anyhow...these are the typical questions he was asking:
-Name, soc, address, employment, how long, what do you do there, etc.
-Own property?
-Own business?
-Filed taxes last 2 years? If not, why?
-Previously filed BK? What caused you to file?
-Are all debts older than 6 months? If not, why?
-Own vehicle(s)? If so, what are your plans with them?
(on this one he was ok with the fact that my brother financed my car for me...thank God!)
-Does anyone owe you money? Do you plan on suing anyone?

I'm sure there were more questions, but I can't seem to remember them right now. As for me, he only asked about 4 questions total. Oh, and he remembered me from the first time I was there...and even took me first (out of order) so that I didn't have to spend much time waiting. He was definitely a nice trustee.

Now I can breathe again lol.

[newimges]

Congrats!

I live in Monroe and am in the Eastern District of Michigan too. It sounds like you had the same trustee we had but we had to go to Ann Arbor for our 341 meeting. My trustee's initials were TJM and he seemed like a really nice guy and asked pretty much the same questions.

Anyway, welcome to the 60 day club!

[WantToBeDebtFre]

I'm in Michigan too and I have my second 341 tomorrow. I hope mine goes as well as yours. It murder to have to go a second time!

[coma]

Congrats on being in the 60-day club. My third 341 is on Tuesday the 3rd...I hope I get to stay in the 60 Day Club this time

[JollyGG]

OMG, I can't believe I'm finally in the 60 day club!

The great news is that you have been in the 60 day club since your first 341 meeting. The clock starts ticking at the first scheduled 341 meeting 11/14 (I looked up your old post) . So you only have 48 more days to go.

[magyar123]

What is the "median" income for a single person in MIchigan? In your post you state that you earn $18,000 a year. You should be way below the median, and therefore able to file Chapter 7.

[struggling]

What is the "median" income for a single person in MIchigan? In your post you state that you earn $18,000 a year. You should be way below the median, and therefore able to file Chapter 7.

Magyar123,
You're right, I am below the median for my state. But I thought that even if someone's below median, if they have (or seem to have) more than a certain amount of disposable income they could still be forced into a ch13. That's why I was so worried. I could be wrong though!

[rilbrianne]

I'm in Eastern District of MI too, but I went to the court in Flint because it's closer. How many of us are there in MI? lol, anyway, I'm glad it went smoothly! YAY!

[6ftladycop]

I filed pro se on 7-20-07
My 341 meeting was 8-28-07
My last date for objections was 10-28-07 and I was concerned that I had not heard anything. Well after reading someones post here, I considered doing what they suggested "asking about the discharge to the clerks office in a nice way"and you know what, someone e-mailed me and said that they were waiting on my last payment due Nov-30-07 and the discharge will be posted on Monday. I knew it. Thanks for the advice. For those of you who are wondering about why I,m making payments...I did not have the bankruptcy filing fee when I first filed Pro Se. They allowed me to make 4 payments of which the last one is due Nov-30.

[struggling]

Thanks Sarah. I think your hugs did the trick!