341 tomorrow afternoon

[liz417]

WHHHOOOOOHOOOOOO!!!! Congrats, sounds like your 341 went fine.......

[Keebler]

Well, it's hard to explain all the details because her meeting was at least 30 minutes long and included a conference call with the US Trustee's office! She almost deserves to be the poster child for what not to do as you file bankruptcy. I'm not convinced she even realized she was in big trouble and her attorney sat quietly as she dug herself a deeper hole. In any case, I had a clue what was happening and I almost couldn't believe what I was hearing. Needless to say, her meeting was continued until next month and she'll be digging up credit card statements and bank statements to name a few.

Holy cow! I found the lady's case on Pacer and I'm flabbergasted.

Of the things I overheard was how she was filing alone because her husband wouldn't even consider filing himself. Some of the UST questions were regarding the house and why it wasn't listed as an asset. She claimed that her husband bought it before they were married but the UST figured out pretty quickly that they had a single bank account and both contributed to the mortgage payment.

Together the pair earns a bit more than 200% of the median income around these parts. The weasel attorney originally filed her Chapter 7 case showing the presumption of abuse had arisen due to the $1,998.40 of disposable income every month! Why would ANYONE bother filing a petition looking this way?

JUST ONE DAY before her 341 meeting her attorney filed an ammended Means Test now showing -$1,129.60 of monthly disposable income.

Of the additional details I learned while she talked was that she had been recommended Bankruptcy by two Credit Counseling places and she had visited and been declined by the attorney I had originally interviewed and deemed my #2 choice. The weasel that took her case is charging 150% of what I paid my attorney and took her case with her having paid about 1/3 of his fee up front and the rest she owes.

Among the changes I spotted was the addition of some interesting Marital Adjustments on line 17 like "Parents Home Equity Loan" for $825.00 and "Spouses Loan from Friend" for $190.00 and "Spouses Credit Card Payments" for $1,773.00. Also line 20A now shows $405.00 for utilities that wasn't there the first time. They're also reaffirming one 2007 automobile for $548 a month (Worth $17,500 and owing $24,500) and a second 2000 vehicle for $214 per month.

I heard her say they've got a Mortgage plus a Home Equity Loan. On line 20B they show the mortgage costing them $1,187 a month. (The IRS Standard for this area is $745.)

I can't imagine how she could get discharged, and even if she does, I can't imagine how this household could survive with the choices they have made even with a successful discharge. She's also discharging nearly $5,000 she owed her brother. Holy cow!

At the same time her list of creditors includes more than a dozen creditors I recognize as Check Cashing and Payday Loan outfits. It's no wonder she filed for Chapter 7 but she'll be eaten alive by these folks if her case is dismissed.

I gotta see how this one turns out because I've noticed on PACER there's almost never a case dismissed around here. Most of the dismissed cases are from people who don't complete the stupid classes or seem to change thier mind.

[BROKENN]

Wow Keebler! And we thought we (the forum!) weren't ready....... and AGONIZING over it! You did very well!!
CONGRATS

[ready2puke]

Wow congrats, I cant even imagine how you must feel right now..

[soleprop]

keep us updated on her case - i know it is awful but i want to know how it plays out, too!

[Keebler]

At the end he dictated something to the effect of the language I'm used to hearing when the Trustee finds you have no assets and recommends discharge. I don't remember him saying that for anyone else we heard so I'm wondering if it was just my imagination. I'll believe it when PACER gets updated.

I BELIEVE...

09/15/2008 341 Meeting of Creditors was concluded. Trustee's Report of No Distribution:
Trustee of this estate reports and certifies that the trustee has performed the duties required of a trustee under 11 U.S.C. 704 and has concluded that there are no assets to administer for the benefit of creditors of this estate. The trustee certifies that s/he has received no funds or property of the estate, and paid no monies on account of the estate. Wherefore, the trustee prays that s/he be discharged from any further duties as trustee. Section 341 Meeting held on 9/12/2008.

[soleprop]

wooHOOO!!!

[WoodSprite]

09/15/2008 341 Meeting of Creditors was concluded. Trustee's Report of No Distribution:
Trustee of this estate reports and certifies that the trustee has performed the duties required of a trustee under 11 U.S.C. 704 and has concluded that there are no assets to administer for the benefit of creditors of this estate. The trustee certifies that s/he has received no funds or property of the estate, and paid no monies on account of the estate. Wherefore, the trustee prays that s/he be discharged from any further duties as trustee. Section 341 Meeting held on 9/12/2008.

Sweeter words were never writ...

(Well, except for "Discharged"). Congratulations, Keebler!