My 341 is scheduled

[southernbelle]

My 341 is scheduled for May 6th at 2:00pm and I just sent an email to my atty. to ask if this Trustee is difficult or not. The list of items to bring to my meeting as required by the Trustee is pretty basic (2 years tax returns, current pay stubs, my id and ss card).

It also says the presumption of abuse under 707(b) does not arise. I know I still have to get past the US Trustee, but at least I'm on my way.

[lrprn]

You'll do fine, SB - hang in there! We'll all be with you on May 6 in spirit!

[Teddy]

Funny - I emailed my attorney yesterday and asked if the trustee was cool.

How do you know already what you need to bring? I asked my attorney that also.

[southernbelle]

On pacer it showed the Meeting of Creditors and listed the date as well as the time and location. Underneath that, it also said what I should bring to the meeting. It also said to bring original picture id, etc. This might be a generic list of what is listed for all bk cases, but it also had specifics relating to my case on the form. I'll wait for the letter just to be sure.

I don't know if this list has everything I need to bring (maybe not because I'm a business ch. 7), but my atty said I would get an actual letter from the Trustee.

He also said some Trustees require more paperwork than others which is why I emailed him this morning.

[JRScott]

It is more of a generic list. If you've supplied the tax returns to your lawyer he may have already included them. If not be sure you have them. Picture ID is very important and your SSN card. These are used to identify you during the proceedings.

Good Luck

[southernbelle]

I just heard back from my atty's ofc. and they said

"(Trustee name) is actually the most difficult and thorough of the Middle District trustees, but if you have all the information she requests (which I know you do), you'll be fine."

I guess I have to be prepared 110% now. It seems I might have some choppy waters ahead.

[JRScott]

As long as your ducks are in a row you'll be fine, your atty seems to be confident that's a good sign .

(Like my atty really liked me cause I was super prepared due to this site and stuff. There was another client that he had at the same time that they had issues with.....I was in the office for one of my consultations and overhead some of the mess....mostly caused by the client not giving all the info.)

[Stilltheone]

No fair! Your 341 meet is before mine! LOL...not that I'm really looking forward to it.

Good luck! You'll have to keep us updated!

[southernbelle]

I'm ready to get the 341 over with. I'm glad my 341 is at 2pm so that I get a chance to watch others in action. I'm taking the entire day off that day. Thanks to this site, I'm not as afraid as I thought I'd be. Maybe because I lurked and had a chance to get some great advice for months.

I received the actual letter today from the Trustee and she does need more specific information (lots of stuff). She needs the copies mailed to her office within 15 days. Ha!! I'm ready. I'll be making copies for most of the night (new ink cartridge), but that package is going in the mail tomorrow (certified of course).

[biotechsolution]

You'll be fine. The thing is 'presumption of abuse under 707(b)' doesn't apply to your case. Since your case is a non-consumer bk all those provisions under 707(b) can't be used in your case.

Most of the objections now will have to be filed under 707(a). It may be quite a stretch for the trustee, most judges don't like to use 707(a) for 707(b) objections, 707(a) deals with dismissals more for fraud and procedural situations. And remember most of your assigned trustee object under 707(b). If you get an objection it will most likely come from the UST. That's why you want to make contact with him early and feel him out for any objections he may file before your 341 hearing. Nothing wrong with you contacting him directly. By email would be the best.

[southernbelle]

Biotech, I would love to make contact with the UST before hand, but I didn't see a name listed on PACER only the office address and a generic email address. Does that mean I don't have a UST assigned yet and when I get assigned one, could you PM me with some possible wording/suggestions of what to ask? I'm concerned about the contributions to retirement, but I don't want to provoke him/her. Thanks so much.

[MidwestGuy]

I had my 341 today. My attorney was there as well. Trustee just asked general questions, and it was over in about 2 minutes. Just relax, everything will work out fine. Good luck to you.

[monkatom]

Southernbelle,
In my case the trustee told us all to wait as the rest of our cases needed the US trustee he got up and left and came in with a US trustee who then sat in on the rest of the cases. we never knew who he was until he was introduced at the 341. he asked a few questions and that was that.

[Teddy]

My Pacer only says bring DL & SS card.

I have not received anything at all from my trustee and my hearing is next week. I am still waiting to hear from my attorney on whether my trustee is cool.

[monkatom]

Teddy we were told to bring the same documents and I had the same question for my lawyer. he answered me at the 341 and said the trustee is an ass because he wants to become a BK judge but that he usually allows people to keep their assets which in my case he did so far so I can not complain. i think a lot depends on if you have you're ducks in a row then chances are you will have your case go smoother. he was fine with us but another filler tried using a typed up pay stub for proof of income that she typed up herself and he blew a gasket about that.