What will trustee have at 341???

[jessegirl]

Hi All, I am just curious when you go to the 341 hearing what paperwork does the trustee have in front of them? Meaning do they have all your bank statements, paystubs, tax returns etc? Or do they just have the BK filing paperwork?

[mike9302]

They have everything in front of them on there computer monitor. But usually they just have any notes about the case in front of them.

[CountryGirl]

Our trustee had our tax returns and what I can only assume is all our BK paperwork accessable on a laptop in front of him. He gave us back our tax returns when he was done. I do know that copies of our paystubs were requested by the trustee from our attorney. Other than that I am unaware of what else they are looking at during the 341.

[JRScott]

Depends on district.

There will be a tape recording, the session will be recorded.

He will either have access to the documents on a computer or will have an actual file with copies of your filing. He will also have the copies of whatever he's requested and received. Depending on the case he may have a page of notes, usually errors or questions he's noted while reviewing the case. He'll use this to ask additional questions as he feels are necessary.

[JRScott]

Depends on district.

There will be a tape recording, the session will be recorded.

He will either have access to the documents on a computer or will have an actual file with copies of your filing. He will also have the copies of whatever he's requested and received. Depending on the case he may have a page of notes, usually errors or questions he's noted while reviewing the case. He'll use this to ask additional questions as he feels are necessary.

[jessegirl]

I am getting nervous as we are probably filing in a month. Do they have copies of your bank statements and will they ask, why did you go out to dinner this offen? Even though it might be Mcdonalds, Wendy's etc. I have kids in sports and sometimes its easier to just go there. My stomach is taking a beating with all of this. I cannot wait until its over.

[Pinkie86]

I've worried about the same thing too. My fiance and I have opposite schedules, so it's more time and cost effective to just pick something up.

[CountryGirl]

Jessie/Pinkie - You can only take this one day at a time. Educate yourselves, do your best, be HONEST, and calm down. When I looked into monthly allowable expenses, they have a listing for entertainment. I lumped the kid's sports league fees, DVD rental, etc in that pile. I suppose dinner out could be a part of the entertainment heading too but I put mine in groceries. I believe the allowable amout is $100 per month but I am not sure so you will want to verify the allowable amount. I also found a chart showing "National Standards for Allowable Living Expenses" and as best as I can tell these are the standards used to deem a persons monthly expenses reasonable or not. This could be used only in specific areas though so again, look into it but here is what this info says:

Standards for a family of Four as of 2-1-08
Food - $737, Housekeeping Supplies - $72, Appareal and Services - $239, Personal Care Products and Services - $64, Micellaneous - $219

In looking at this it is clear that you are not meant to live destitute to qualify for BK, but they will make sure you are not living like a king too. My families actually expenses fit comfortably in these guidelines with room to spare. Just be sure to be honest in everything you disclose, if they find you have intentionally lied on anything, you will have a long road ahead of you.

Lots of people have taken this unfortunate road, you are not alone.

Good Luck to you both.

[Pinkie86]

So If I'm understanding you right, you just lumped eating out into Food/Groceries?

That's what I did, too. I didn't start worrying about if that was right or not until I had already filed. My lawyer didn't seem to be concerned over any of my financial records, so I guess I shouldn't worry.

What also makes me feel really good, is that he didn't think I should worry about objections or anything. He actually said my case was "easy." I'm a no asset case. It doesn't mean I'm not worried about them or not preparing for them, it just makes me feel a little bit better that my lawyer has such confidence in my case.

Thank you for the advice Country Girl!

[happy_ira]

I also found a chart showing "National Standards for Allowable Living Expenses" and as best as I can tell these are the standards used to deem a persons monthly expenses reasonable or not. This could be used only in specific areas though so again, look into it but here is what this info says: Standards for a family of Four as of 2-1-08
Food - $737, Housekeeping Supplies - $72, Appareal and Services - $239, Personal Care Products and Services - $64, Micellaneous - $219

Which website did you find this at? Thanks.

[CountryGirl]

Here is where I found the info:

http://www.usdoj.gov/ust/eo/bapcpa/2...anstesting.htm

This a U.S. Trustee Program website through the Department of Justice. Scroll down for various charts on different catagories.

Lots of info on here. One thing worth mentioning is that dependant upon district the allowable vehicle expense is considered for those with a balance on thier vehicles. Some who have owned thier vehicle outright have tried to take that owner's exemption only to find that the trustee would not allow it. Sometimes it is allowed, sometimes not. We owned our vehicles outright so we did not even bother to claim and owner's exemption on them.

Happy Reading.

[CountryGirl]

Am I allow to post links.....I think I can cause they are informaional not advertising......if not, my bad and I apologize.

[happy_ira]

Here is where I found the info:

http://www.usdoj.gov/ust/eo/bapcpa/2...anstesting.htm

Very helpful. We have a family of 7, including a disabled child. This will be quite illuminating because the "Standard" will clearly be argued for me that it is understated since a disabled child has *way* more expenses and special needs.

[CountryGirl]

I know the charts do list an allowable for each additional member over 4. They do not mention anything specific to the cost of a child with special needs, but again, I think things within reason can be understood........hopefully.

[AngelinaCat]

We were required only to have our picture IDs-DLs, and our SS cards. We also had to have our marriage license because we are married but use our differrent surnames. That requirement seems to be unique to our particular district and/or trustee.

If you have an attorney, that person should be able to advise. If you are pro se, call the courthouse several days before your 341 and find out EXACTLY what is required in your district so you won't be blind-sided.

Good luck!