341, or "pro se is my middle name"

[Tabbygirl]

The deed is done!!!!!

Mine was at 3 p.m., and I was early, but apparently the TTEE has all the attorneys do their cases at once THEN the pro se'ers get to go. Several attorneys had a bunch of clients all at once, one after the other. Interesting.

So about 4 :15 p.m., I get to do my bit. Do the ID/SSN thing, answer the questions, the trustee looks at my schedules and asks if I really did the forms all myself, and I said yes--he then asked where I got the forms LOL and I said I downloaded some from the district bankruptcy court website and I had a forms software package. He asked if I paid for it; I said yes. He also asked about my 2007 tax return, which it turns out he had (of course I had another copy w/ me!!!) but couldn't find. He then asked about my 2004 tax return and I like excuse me?!??!!! He meant 2007, which he eventually found.

Basically, it was completely uneventful. I had one of the FEW "cut and dry" cases out of the 20 or so I observed. Most people were questioned about bank deposits or withdrawals or large checks. I wasn't. One woman mistakenly had $3k in her checking account and he told her she had to pay that back (guess she was over on exemptions). She apparently was told by her attorney to pay her mortgage, so she the money sitting there on the day she filed--so back it went.

There were a few others that were problems, mainly self-employed or high income people. It also sounded as though there were lots of clerical errors by attorneys/their staff and/or lack of communication. That would be my absolute nightmare; that I would have an attorney and not understand what was actually transpiring. Some of the people did know their stuff, others had no clue.

Would I advise pro se? Absolutely. I knew my stuff and made sure my forms were *flawless.* It wasn't bad at all, although I had to learn and research a lot. It was worth saving $1000 or more, IMO. My dh said I should go to law school LOL but I think I shall stick with counseling.

The only weird thing is that Nissan just now filed a relief of stay which is idiotic since we surrendered the car at the dealership almost a month ago. The bankruptcy department knows it was returned, so I have no clue what's up. I'll try and call if I am ever home when they are open....they're only there 8-5.

It's over....no continuance, nothing, so I HOPE that means all is well?!??!??!??!!!!!!!!

[soleprop]

details, c'mon!!

edit: thanks for the refresh with the details - that's great news!! good to know that some districts have the pro se go post attorneys :P.

did your trustee ask about any changes in your financial situation? that's my number 1 question; no big changes for me between filing and tomorrow, but i did go independent consultant vs. represented by a firm; it would mean i'd have to ammend my schedules if the trustee makes a stink.

anyway thanks for sharing - and if you got asked any income questions let me know!

[epiphany]

ep

[soleprop]

you guys are killin' me.

[Tabbygirl]

oops, I think I hit submit too soon and had to add to the post--sorry!!!!

For once, this was something that worked out....it went smoothly, no issues. I feel at times like I am a "bad luck" kind of chick and worried this was going to be the same deal. So far, it's not and I am so grateful.

[soleprop]

i hear you on the 'bad luck' chick bit. hoping that tomorrow i can leave allllll that behind me. the world is lookin' up! hope your 60 days go by smooth!

[ThreadsSnapping]

Congrats on the 341!

Nothing to worry about with Nissan, they have to file for relief from stay if they want to sell the car before your discharge. It's just a formality for them.

TS

[Tabbygirl]

Congrats on the 341!

Nothing to worry about with Nissan, they have to file for relief from stay if they want to sell the car before your discharge. It's just a formality for them.

TS

Good to know. They can have the car!!!! (and they already do!)

[epiphany]

Tabbygirl, you are one tricky poster!

Ha, I am so glad it went well for you. (I did think about you today)

Yippee Skippee for us both!

AND THE BEST OF LUCK TO YOU TOMORROW SOLEPROP!

You be sure and post afterwards cause we want to hear!

ep

[Tabbygirl]

details, c'mon!!

edit: thanks for the refresh with the details - that's great news!! good to know that some districts have the pro se go post attorneys :P.

did your trustee ask about any changes in your financial situation? that's my number 1 question; no big changes for me between filing and tomorrow, but i did go independent consultant vs. represented by a firm; it would mean i'd have to ammend my schedules if the trustee makes a stink.

anyway thanks for sharing - and if you got asked any income questions let me know!

He just asked if my employment was still the same, which I imagine alludes to the same information. In my case, everything was the same. He honestly seemed, IMO, to latch onto big numbers like large deposits, snazzier-branded (i.e. Lexus) vehicles and houses over $200k in value or those with high mortgage balances vs. low appraised values. Then again, that may just be the deal today. What's interesting is there were a BUNCH of high-dollar Coach bags being carried by debtors--seriously. I would have left the $300 purse at home.

Oh--and one couple did bring a little girl about 18-months old. She was good/calm and the trustee and everyone else were understanding. And, being Texas, we had attorneys in jeans, debtors in shorts, flip-flops and everything in between. We're just eccentric here. LOL

[Tabbygirl]

AND THE BEST OF LUCK TO YOU TOMORROW SOLEPROP!

You be sure and post afterwards cause we want to hear!

I agree!!!! I want an update as soon as possible!!!!!!

(I may have to sneak off from school at lunch and check my computer at home!!)

[soleprop]

thanks you guys - i'm pretending i'm not sweating it (and failing pretty miserably). it can't be as bad as i was imagining 5 months ago, so that's a relief. i kinda lol when i think back on how giant and scary i'd made all of this out to be back then. so glad bkforum and all of you are here to dispell the myths.

i'll post tomorrow evening - mine's at 3pm too and i have an hour commute afterwards...oy.

[happy_ira]

One woman mistakenly had $3k in her checking account and he told her she had to pay that back (guess she was over on exemptions). She apparently was told by her attorney to pay her mortgage, so she the money sitting there on the day she filed--so back it went.

Tabby - sounds like things went smoothly for you! Congrats!

As for the above woman... I feel like I'm going to end up in the same situation (if it comes to breaking out the bank stmts), which is so idiotic. If someone is reaffirming their mortgage, then of course it needs to be paid. It becomes a timing thingamijingy. Unfortunately, I understand the Trustee earns X% of asstes he finds (somethiing like that?) so this is an easy way for them to find $$. Completely unfair. That said - I have a question: If someone has to give back th eextra money that was in their bank account, do they only do so if the ch7 goes through? In other words, if the trustee asks for the $$$, I assume he can;t ask if the ch7 is denied. Yes??

[liz417]

Tabby,
Sounds like it went great!!! Congrats!!!

The countdown begins....;)

[Tabbygirl]

Tabby - sounds like things went smoothly for you! Congrats!

As for the above woman... I feel like I'm going to end up in the same situation (if it comes to breaking out the bank stmts), which is so idiotic. If someone is reaffirming their mortgage, then of course it needs to be paid. It becomes a timing thingamijingy. Unfortunately, I understand the Trustee earns X% of asstes he finds (somethiing like that?) so this is an easy way for them to find $$. Completely unfair. That said - I have a question: If someone has to give back th eextra money that was in their bank account, do they only do so if the ch7 goes through? In other words, if the trustee asks for the $$$, I assume he can;t ask if the ch7 is denied. Yes??

I would think that if the case were dismissed, then you wouldn't have to pay the $$$$, but in the same light, the $$$ would have to be paid for the ch. 7 to go through, as contingency. I think you're correct about the timing aspect and don't agree that it's fair, either, especially if there is an audit trail explaining the concern.

I felt kind of sorry for the woman--I have a feeling she really didn't understand what to do and that the attorney didn't explain it. Another couple wasn't even really sure what an income tax return was, and the attorneys really didn't help the clients--the debtor really actually does have to answer everything on his or her own.