More Questions!

[Dennis1971]

I have a few questions and was hoping somebody could give me their ideas. We just filed for chapter 7 on June 23. I haven't had the guts to check PACER and honestly don't know how to do it. There was a few things I was thinking about. When do you normally find out if a creditor is going to fight bk? Is it before or after the 341? I'm just nervous that one of our CC's will cause a stink. We passed the median test by $112, if our attorney had waited and used our pay from Jan -Jun instead of Dec. to May we would have been under by $1241. But he didn't seem to be worried about being this close to the median level. Should I go ahead and check PACER or wait for awhile? Normally when you reaffirm loans does anything ever change? I was just curious if they could raise our interest rates on our mortgage or HELOC?
Thanks

[Cali]

My attorney told me that I would hear something before the 341. I haven't heard anything(knock on wood) and my 341 is next week.

[Dennis1971]

make sure you keep us informed about your 341 meeting!

[momof5]

When do you normally find out if a creditor is going to fight bk? Is it before or after the 341? I'm just nervous that one of our CC's will cause a stink.

Creditors have 60 days AFTER the 341 to file an objection.

[Dave C.]

Not to worry

Creditor's never show up at a 341 meeting it's not worth the expense of them hiring an attorney to attend. Whereas the only recourse they have is fraud. Or if you had made a purchase of 500 or more 90 days before filing or a cash advance 70 days before file. Creditors have 60 days after the 341 meeting to object in writing. However, the same rules apply to the written objections.

[Help!]

Creditor objections are really nothing to lose sleep over. I'd be more worried about the UST finding a little wiggle room on your means test to try to covert you to a 13. In our district, if the UST is going to be involved they ask for "additional documentation" before the 341 hearing. Our lawyer apparently forgot about the email the UST sent him requesting these documents and we walked into our 341 hearing completely oblivious to the fact that the UST would be challenging our discharge (and had no idea who/what the UST was).

I can't answer the reaffirmation question since we're surrendering assets to secured creditors, but I can tell you that it is always a good idea to keep an eye on PACER. You'll be able to see good things in your history like "341 hearing concluded", "awaiting discharge". Even if you know your 341 hearing went well, it is reassuring to see these things recorded officially.

In a case that doesn't go well (like ours) it's good to have a heads-up on the bad things that can happen, like "UST statement of presumed abuse". Knowing a few days before our lawyer would have had time to talk to us gave us some time to think, plan, and prepare.

[Cali]

That is the way it is here too.

In our district, if the UST is going to be involved they ask for "additional documentation" before the 341 hearing. Our lawyer apparently forgot about the email the UST sent him requesting these documents and we walked into our 341 hearing completely oblivious to the fact that the UST would be challenging our discharge (and had no idea who/what the UST was).

[epiphany]

Should I go ahead and check PACER or wait for awhile?

In my opinion, you should check PACER every couple days. As much as I trust my attorney, I know I won't be putting all my eggs in his basket.

Help is absolutely right. Forewarned is forearmed. And there is plenty of great information on this site about how to use Pacer.

Good Luck and keep us posted,

ep

[Phillymanhere]

Help and Cali,

How did you learn about the practice of the UST (to ask for additional documentation before the 341) in your area? From your attorneys, I presume?
That seems like a great piece of information to know about your circuit.

Thanks.

[Cali]

Phillymanhere - My attorney and paralegal told me. They also told me about the trustees in our area, which was hard and which was not so hard. I got the nice one.

[deafbroke]

When you file you will recieve a note from court with your 341 meeting date on it and instructions on what to bring. Creditors usually never show up. They can't make you change your mind in the 341 meeting. You will meet with the trustee assigned to your case, answer his questions and be on your way. If a creditor is going to challenge your bankruptcy they need to file an objection with the court and there would be a hearing in front of the Bankruptcy judge. If you haven't used your cc's within 90 days of filing the creditors won't have grounds for objecting, usually.
Pacer will have all info from creditors and filings on it and you will recieve paperwork in mail refering to it.

DB

[Help!]

Help and Cali,

How did you learn about the practice of the UST (to ask for additional documentation before the 341) in your area? From your attorneys, I presume?
That seems like a great piece of information to know about your circuit.

Thanks.

5 minutes before our hearing our attorney dropped the six page list of UST additional documentation in front of me and said, "Oh, I forgot to give this to you". This was after his other clients were asked by the UST's attorney why they failed to bring the required documents. She looked at our attorney and said "Remember? I emailed them to you two weeks ago?"

Not a good start with the UST.

[deafbroke]

I have a few questions and was hoping somebody could give me their ideas. We just filed for chapter 7 on June 23. I haven't had the guts to check PACER and honestly don't know how to do it. There was a few things I was thinking about. When do you normally find out if a creditor is going to fight bk? Is it before or after the 341? I'm just nervous that one of our CC's will cause a stink. We passed the median test by $112, if our attorney had waited and used our pay from Jan -Jun instead of Dec. to May we would have been under by $1241. But he didn't seem to be worried about being this close to the median level. Should I go ahead and check PACER or wait for awhile? Normally when you reaffirm loans does anything ever change? I was just curious if they could raise our interest rates on our mortgage or HELOC?
Thanks

Reaffirming the loans won't show up on pacer if I'm nor mistaken. When you file and state you want to reaffirm I think the court sends the creditors a copy of filing with that being stated and the creditors attorney will send you a reaffirmation agreement. Don't know about interest rates going up because of it. It's possible since a lot of things costs (insurance for one) is tied to your credit score so they could possibly raise your interest rate. If you have loans or cc's through a credit union they WILL cross collaterlize them. That sucks. If it were me I would not reaffirm anything. You can still stay in the house and keep current on payments without reaffirming the loan. Then if they jack up the interest rate to where you can't afford it you can walk away from the house and not owe them anything. If you reaffirm and they do the same and you walk away you will owe them the difference between what they get at foreclosure and what is owed on the house. Never reaffirm.

DB

[Lajazz947]

Trustee

5 minutes before our hearing our attorney dropped the six page list of UST additional documentation in front of me and said, "Oh, I forgot to give this to you". This was after his other clients were asked by the UST's attorney why they failed to bring the required documents. She looked at our attorney and said "Remember? I emailed them to you two weeks ago?"

Not a good start with the UST.

I am new to this but I would guess that dealing with a Trustee who you have started off the wrong foot with is no different than any other situation.

I would try to be humble, complete the data as quick as possible, explain the situation to the TT and then ask what you can do to make him feel as though you are cooperating as much as possible.

You don't have to do his job but I would avoid alienating him.

[Cali]

I agree you should try to get all the documents requested of you in a timely manner. I don't think you should have to kiss tush doing it though.