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My 341 yesterday, the good, the bad and the ugly lol

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    My 341 yesterday, the good, the bad and the ugly lol

    Hi. I was soooo nervous at the 341. I just don't like getting up in front of people to begin with so I walked in about 30 minutes early to get familiar with everything, and saw that the 10:30 group was still ongoing so I sat down quietly and watched the trustee in action. He grilled EVERYONE. He was completely unfriendly looking and had a unfriendly, cold demeanor about him. I was getting pretty scared sitting there.

    After the 10:30 group was done lawyers walked in and out and people were milling around but I just sat there looking around. I saw a woman walk in, very professional looking and said to the trustee who remained at his table, I am representing such and such nursing home against debtor so and so and the trustee said to have a seat and that that debtor was first to be called. I recognized the name right away from Pacer and knew my lawyer was handling this woman.

    Soon my lawyer walked in and sat down with the another debtor couple he was handling. He looked over at me and smiled and signaled he'd be over in a minute. He started talking to the couple and asked for their DL and S.S cards to which they said we didn't bring our S.S cards and my lawyer looked pissed. He said the trustee insists on the S.S cards, I told you that and the couple looked at him like "oh well". He talked to them for another 10 minutes and at 11:25 he came and sat down next to me. I was 2nd on the list to be called. He whispered do you have any questions? I said yes, is he going to ask about my refund and he said yes, I have no doubt that he will and before he could say anything more the trustee called my name. I was first!

    The trustee had originally called the debtor with the creditor who had shown up to object, but the debtor was nowhere to be found. My lawyer said she isn't here yet so then the trustee said okay then we'll start with Butterflywings. I looked in horror at at the trustee who was staring right at me, and I said with a squeak I am first? And the trustee said yes; I looked at my lawyer and whispered do I really have to go first and he smiled and said yes. No doubt people behind were amused, but they didn't have benefit of seeing the trustee grill the prior group like I did. My lawyer, after I hadn't gotten up, said let's go BW and he stood up forcing me to stand up.

    I walked over to the table and sat down and the trustee asked me to raise my hand and swear bla bla bla. Then he asked for my s.s number and DL. After that he showed me form G and said is this your signature, and I said yes. He said okay, do you own any property not stated on here and I said no. He said have you transfered any property to anyone in the last year and I said no. He said have you transferred anything to your husband and I said no. He said you say you don't have any property but you do live in a house and I said yes, but it is in my dh's name. He said has it always been in his name and I said yes, always and that includes the mortgage too. Neither have ever been in my name. He said do you own a car and I said no sir and he looked at me and said then how do you get around?

    The more he grilled me the more I got my confidence and soon I went from being scared to getting slowly getting mad. I said we have one car and it is my husband's name and it has always been that way since day one, sir.

    He said what is your house worth? I thought to myself WTF it isn't even in my name, but I answered him and he said what was it when you bought it and I told him and he said the value has gone up and I said yes, by 33% as of last year at its assessment. He said what is the pay off and I told him and he didn't ask any more on that.

    Then he said did you receive a tax refund this year? I looked at my attorney and he gave me a supportive look and I looked at the trustee and said yes sir and he said how much was it and I said do you want the amount for federal or just for state and he said the value of both and I said $7300 and he looked at me and said and how did you spend that $7300. I looked at him and I reached into my purse and said here is how and I handed him a pile of receipts. My attorney had a big smile on his face and lightly laughed and said so and so (trustee's first name), I bet this is the first time you've ever been handed receipts like this for a tax refund and the trustee was looking intently at each one, and smiled and said yes, this would be the first time . He said let the record show these are all original receipts. It looked like my attorney and the trustee looked to had a real competitive even adversarial approach to each other. The trustee was caught off guard by all the receipts. He went through each and every receipt and asked me what each was for. He said what is this $8 receipt for at home Depot. And I said it's for the plug for our dryer. He said a plug for your dryer and my lawyer sort of smirked at the silliness of the conversation, and I got embarrassed and said yes you know how you can have a three pronged or a four pronged outlet? Well we bought a 4 pronged one and with that the trustee handed all of them back to me and smiled and said I am satisfied with everything you showed me. and then as an after thought he said, so is this refund based on your and your dh's income and I said no, I don't work only my dh does; he said so the refund is based solely on his income then and I said yes sir and it's always been that way.

    He said well then the refund is all his then, Im not even dividing it in half, but even so, I am satisfied at how you spent the money. He gave me a smile and he said why did you bring all of these receipts by the way and I said because I was scared to death about coming here and I wanted to show you how I spent the money as proof and not just rely on trying to remember. He looked at my attorney and said I am officially closing Butterflywing's case right now.

    I looked at my attorney and he said good job, BW and I said can I ask you a brief question and he said not here meet me in the hallway I have another debtor now to go in front of the trustee and I said okay. So I waited outside in the hallway and he took that one couple in front of the trustee and the trustee grilled them for 25 minutes! And when they walked out they looked terrible and my attorney looked very unhappy with them too, and said to them while I listened discreetly. "Why didn't you tell me that you paid off your cards in 06 and then maxed them out in 07, and the guy answered him back quietly so I couldn't hear and my lawyer said well I should have known because now he is....... and he started whispering quietly so I couldn't make anything out. They talked a little longer and while the couple stood in the hallway talking to each other near the elevator, my lawyer walked up to me and said what's your question I said what does case closed mean in terms of today and he said smiled and said BW, I have never seen someone so prepared for the trustee like that, 99% of my debtors aren't and he has never gotten documentation of a tax refund before. He was very impressed with you. Good job. Your case is closed as far as he is concerned, now all you have to do is wait out the 60 days and you are done. I said do you think he'll take my stimulus rebate and he said no a chance at all. Take care and he walked back in the room.

    I went down the elevator with the couple and I said that trustee really grills everyone doesn't he and they said yea, he left our case open for another month asking for more documentation and they looked scared.

    So that was it. Oh and I was a little "star struck" of the pathetic sort. I saw a snazzy dressed lawyer walking around that I instantly recognized from all of his commercials. He actually seemed really nice and smiled and said a genuine hi to everyone. Cops were everywhere and a grand jury was convening in another room. For a small rural courthouse the place was hopping with people.
    Filed Chapter 7 Feb 25, 2008
    341 Meeting April 3, 2008
    Last date for Objections June 2, 2008

    #2
    Wow you did good! I loved reading your story it made me smile for you. Maybe if that other couple had been on this forum they could have been more prepared. Anyway Good Job! Pat yourself on the back and get a good night sleep, one hurdle over and only 2 more to go, discharge and closed, then a fresh start!
    Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21

    Comment


      #3
      Way cool story! Thanks for posting and huge congrats to you. :-)
      Filed Chapter 7 Pro-Se May 29, 2008
      341 July 1, 2008
      Discharged September 4, 2008
      Closed November 10, 2008 :-)

      Comment


        #4
        Thanks!

        Im glad its over. lol I was without a doubt the most nervous person in that room, sitting there dreading being called, and of course I had to be first!
        Filed Chapter 7 Feb 25, 2008
        341 Meeting April 3, 2008
        Last date for Objections June 2, 2008

        Comment


          #5
          Originally posted by butterflywings View Post
          Thanks!

          Im glad its over. lol I was without a doubt the most nervous person in that room, sitting there dreading being called, and of course I had to be first!

          Thanks for sharing your story! I really appreciate it and it reminds me to be prepared, prepared,prepared for when my time comes.

          Happy for you, BW.

          ep
          California Bankruptcy Central

          Comment


            #6
            Good story! And congrats and welcome to the 60 day club!
            <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
            FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

            Comment


              #7
              Oh WOW!!!!!! How incredibly awesome!!! Major props to you for being so prepared!!!!
              Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

              Comment


                #8
                Would have loved to see the look on your trustee's face when you handed him that pile of receipts, BW! Fantastic! Congrats on a job well-done and welcome to the 60-day club! May the days go by quickly and quietly.
                I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                06/01/06 - Filed Ch 13
                06/28/06 - 341 Meeting
                07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                10/05/06 - Hearing to resolve 2 trustee objections
                01/24/07 - Judge dismisses mortgage company objection
                09/27/07 - Confirmed at last!
                06/10/11 - Trustee confirms all payments made
                08/10/11 - DISCHARGED !

                10/02/11 - CASE CLOSED
                Countdown: 60 months paid, 0 months to go

                Comment


                  #9
                  Well done Butterfly! Goes to show that good preparation can significantly smooth out the road for your BK.

                  Here's a stupid question...Regarding the receipts, we will be getting a similar refund but we should be able to exempt it due to lack of equity in our house. Since it is exempt, that means we can keep it our accounts and not worry about the trustee taking it, right?

                  Comment


                    #10
                    Yep, if your tax refund is exempt then you can keep it in your account, but don't keep more in your account than exemptions cover.

                    Thanks everyone for your kind words! I am so happy to be in the 60 day club!
                    Filed Chapter 7 Feb 25, 2008
                    341 Meeting April 3, 2008
                    Last date for Objections June 2, 2008

                    Comment


                      #11
                      Wow what a story!!!
                      I am the anxious type, I panic and worry like crazy. I was hanging on to every word of that story, almost brought me to tears about the $8 at home depot, I think I would've just broke down in tears at being badgered like that.
                      I also like how you finally got mad--cuz you KNOW you're telling the truth--and while the guy is 'just doing his job' he doesn't hafta be such a d*ck about it! Obviously an $8 receipt from home depot COULDN'T even be misconstrued as a luxury purchase--it's not even in the price bracket--he was just being a d*ck because he could. Some people huh?
                      LOL I thought you were supposed to have every receipt--I've been keeping ALL of mine--how else are you supposed to prove where the $$ went? Do you mean to tell me that people just go into BK court and say "oh I spent the $$ on________" and have no receipts??? I must say I am shocked the trustee never got receipts before--and I LOVE the fact that you were the 1st to give them to him--ROTFLMAO--

                      We need more detailed stories like this!!! Thank you for sharing!

                      Comment

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