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Nightmare 341 hearing

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    Nightmare 341 hearing

    I was completely petrified and my lawyer made it so much worse by dropping off this 6-page UST request for information a few minutes before the hearing that apparently he "just discovered" in his email inbox. I feel like we answered the Trustee's questions accurately, but when the US Trustee started drilling me I became so nervous and intimidated that I barely remember what I said. I wasn't prepared to discuss my health problems in front of a room full of people and I was so embarrassed I thought I was going to die!! This went on for what seemed an eternity, until they scheduled a continuation for next month. Does that mean my 341 hearing isn't over and that the 60 day clock hasn't even begun to tick?

    I have been crying uncontrollably on and off today, worried that someone is going to send me to jail because I misspoke and so worried about my children. I know that I have not done anything to intentionally deceive, but I know I didn't say what I meant to say. I have barely slept the past month and I can't function. Getting out of bed in the morning is getting harder and harder and I feel so worthless. My family would truly be better off without me.

    #2
    Your family would not be better off without you. Please don't talk that way.

    All of this is temporary. Please smile, I am sure you are very much loved

    Comment


      #3
      I can't imagine how frustrated you must be! Try not to worry and second guess everything you said. I did not like the way I answered some questions at my hearing. Generally the trustees know people are nervous. I have read other posts where people have said they had their mtg. "continued" and everything turned out OK - I don't know your situation but it is not the end of the world to have your mtg. continued and you should not think the worst. I do know how it feels to have a lawyer you want to strangle! Ours has been awful with us - but has gotten the job done - not as quickly or as nicely as I would have liked.... Most likely this just means it is going to take a little longer. Unless you are trying to be decietful or hide something don't worry so much. Right now you have the protection of the stay so you are safe. There is no way that your family is better off without you - they need you. Be glad you have them and go give them a hug - and yourself too. This is such a stressful process and it is far from over for you - But you should be proud that you are brave enough to be doing what you need to do to get yourself back on track and have a new start for you and your family! Follow up with your attorney to see what will happen next and what their take is on the situation. And keep reading here - This forum and others have given me so much support and peace of mind. You need support and this is where you get it! Most of us don't go around chatting with our friends family and neighbors about this! Good luck and hang in there!!

      Comment


        #4
        The trustees have a lot of bankruptcy clients to see so it's common for cases to have a contnuance in their 341 meetings. Nothing to worry about. Meet with your lawyer and go over things and it'll fall in place.


        DB
        Chapter 7 filed 3/31/08
        341 5/12/08
        Last day for objection 7/11/08
        AUTOMATIC ORDER DISCHARGING DEBTOR 7/15/08 :yahoo::yahoo:

        Comment


          #5
          First off. Your 60 days has already started. They have 60 days from the first scheduled 341 meeting.

          Secondly, it is common to have 341 meeting continued. You now have the time to look over the requested information and put it all together.

          It is unfortunate that your lawyer didn't give you that information sooner, and you were so unprepared. But that isn't your fault, and can't be changed at this point.

          Just take a deep breath. Schedule at time to go over the documentation and put it together to send to the US trustee. And know that this will all be over soon. You'll get your fresh start and this will all be in the past.

          It is a stressful time, but I don't know anyone who wishes they hadn't done it once it is all done and over with. There is a light at the end of the tunnel. Just keep your eyes forward and handle obsticles one at a time.
          Filed: 10/26/2006
          Discharged: 03/05/2007
          Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

          Comment


            #6
            You are needed by your family and because of you their lives will be better.

            Breath, take a nice hot bath, drink some wine or tea and relax. Everything will work out for the better in the end.

            Comment


              #7
              Your family needs you . They need you so much. Don't give up hope.

              As Jolly said, your 60 days has started so don't worry about that.

              Also as he said many folks have continued 341s. Generally caused by not all the information being there. It is sad that your lawyer didn't get the pamphlet to you sooner and you could have gotten it and had it ready.

              It is also not unusual for the UST to be involved in 341s where there are heavy expenses or a large amount of debt involved. Them being there does not mean your case is not clear cut, it is just their job.
              May 31st, 2007: Petition Filed by my lawyer
              July 2nd, 2007: 341 Meeting Held
              September 4th, 2007: Discharged and Closed.

              Comment


                #8
                It's not your fault. Anyone might falter under those circumstances, and when nervous in front of a "judge" and people, we are prone to not say things exactly right.
                But don't worry about it, things will work out. It's not uncommon to have a continuance.
                If you ask your family, I'm sure they'd disagree with your assessment that they'd be better off without you!
                Hold your head up, and just move forward, one day at a time. Soon this problem will be resolved.
                <<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


                  #9
                  Feeling better.

                  I think I hit rock bottom yesterday. Thank you for the positive thoughts and replies!

                  Comment


                    #10
                    Originally posted by Help! View Post
                    I was completely petrified and my lawyer made it so much worse by dropping off this 6-page UST request for information a few minutes before the hearing that apparently he "just discovered" in his email inbox. I feel like we answered the Trustee's questions accurately, but when the US Trustee started drilling me I became so nervous and intimidated that I barely remember what I said. I wasn't prepared to discuss my health problems in front of a room full of people and I was so embarrassed I thought I was going to die!! This went on for what seemed an eternity, until they scheduled a continuation for next month. Does that mean my 341 hearing isn't over and that the 60 day clock hasn't even begun to tick?

                    I have been crying uncontrollably on and off today, worried that someone is going to send me to jail because I misspoke and so worried about my children. I know that I have not done anything to intentionally deceive, but I know I didn't say what I meant to say. I have barely slept the past month and I can't function. Getting out of bed in the morning is getting harder and harder and I feel so worthless. My family would truly be better off without me.
                    This is how I felt this time last year. I committed myself to a mental facility and was let out after 8 days. It made the world of difference. I was able to get medication to help me with my depression and anxiety. It was the best thing I ever did for me. I was able to get out, go to an outpatient program and I learned to handle stress. Now I am able to handle BK with no problems. I am happy and like a different person. If you feel like you want to kill yourself, have a family member call an ambulance or go to the ER and tell them that you are contemplating suicide.

                    Trust me, things WILL get better. It will devastate your family to lose you and will only add to their problems. PM me if you want to talk or want more details on going to a hospital. No one has to know about it either. Just you and immediate family.
                    Filed 4-21-2008
                    7/16- DISCHARGED!!!!

                    Comment


                      #11
                      Yes if you think you need some outside help, do not hesitate to reach out. Believe me I spent yesterday crying too. But I try to remind myself of what my grandmother always said: Nothing is ever so bad, it could not be worse. It helps to come on here and be reminded so many folks in the same boat.

                      Comment


                        #12
                        Yikes Help, sorry that happened to you but you will get through it. No one is better off without you and brighter days are indeed ahead. Just gotta get through the sucky ones first...you can do it.

                        PS...no one is going to send you to jail so please calm down. Pretty please...we want to see some more posts from you around here!

                        ep
                        California Bankruptcy Central

                        Comment


                          #13
                          Now there is a HUGE positive. HELP!, you said you hit rock bottom yesterday - and yesterday's gone! So look up and see all of that sunny sky above you. Look beyond the clouds - and while looking through the clouds, just look to the right or left and see that silver linging. But now back to looking above the clouds, the skys are sunny up there and that is exactly what you have to look up to. You were at the bottom yesterday. Now you are on your way up! As hard as it may seem to do, take a deep breath, take a look around you and look for those blessings that you have and thank God for each one - say it with sincerety and say it with a smile. I once thanked God for seven days straight, without repeating myself once, for each and every blessing I thought of during that period (and I could have gone on for a logn, long time) - from the air that I breath to the tree that shades to the water I drink and on and on and on. You do that and all of lifes problems will come into perspective.

                          Comment


                            #14
                            And remember......Tough times don't last, but tough people do!
                            pa308 (equifax fico 6-21 471) 594 on 3-09 671 7-09
                            filed ch7 6-12
                            341 7-25
                            Discharged and closed 9-24

                            Comment


                              #15
                              Dear HELP!:

                              Honey, we are here to help. We are having problems similar to yours in that our BK atty is impossible to ‘talk with’ as opposed to 'talk to'.

                              There is a huge amount of difference in those terms. ‘Talk With’ implies a lot of ‘you-me’ message interaction between the two parties that hashes out a lot of differences, then everyone moves to the 'same page' to handle the problem.

                              ‘Talking To’ implies a lot of messages that wish to be 'talk-with' messages, but instead end up being banged up against the ‘brick wall’ because of various reasons of the attorney, client, et. al.

                              The result is that NO COMMUNICATION ACTUALLY EXISTS. That seems to be the situation in your case, and it damned well is the situation our case. Our BK attny can be very nice, but then turn and scream at us. It is almost like she is Bi-Polar, off meds. We have already been diagnosed that we have had two or more mental break-downs in the last couple of years. We cannot take the screaming fits from anyone, nor do we have the funds to take our case elsewhere and start over. When we get screamed at, things we should say or tell her get scrambled. All we want is OUT (of the room, and away from the pain).

                              In any case, we are in trouble too from bad or non-existent advice, and wish to offer OUR shoulders to cry upon. You are NOT alone. Do NOT think that similar thoughts have not crossed our minds.

                              AngelinaCat and AngelinaCatHub.

                              P.S.

                              At least, you do not have a person bent upon your demise as we do, and he is a multi-millionaire. Remember, a parable: “I thought I had it bad as I had no shoes, until I saw the man who had no feet”. (not verbatim)
                              "To go bravely forward is to invite a miracle."

                              "Worry is the darkroom where negatives are formed."

                              Comment

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