341: Trustee or Judge?

[happy_ira]

I'm suddenly confused. Who shows up at the 341. A Trustee or a Judge? I know the name of the Trustee appointed to my case (get it when I received the 341 meetign notice).

[Confused14]

It's only the trustee that is named on your notice. The US Trustee can show up, but not likely. You do not go before a judge at the 341 meeting. It's pretty casual.

[Cali]

The BK Trustee and US Trustee.

[happy_ira]

It's pretty casual.

If it's so casual, why does everyone get sick over it?

[Cali]

The only people that get sick over it, are the ones that make it bigger than it should be and worry themselves sick over it. The 341 will come regardless of how much you worry. If you have a good attorney and you were honest, you don't have anything to worry about.

If it's so casual, why does everyone get sick over it?

[happy_ira]

The only people that get sick over it, are the ones that make it bigger than it should be and worry themselves sick over it. The 341 will come regardless of how much you worry. If you have a good attorney and you were honest, you don't have anything to worry about.

Well, even with a good attorney, I think human nature and psychology is to worry about something like this that affects your life. :/

[Cali]

Well for me, I didn't worry because I was confident in my attorney and I knew I had all my ducks in a row.

Well, even with a good attorney, I think human nature and psychology is to worry about something like this that affects your life. :/

[justbroke]

I think the old adage which goes "there's nothing to fear, but fear itself", is where my friend Cali was going with that statement.

After having been through one, and witnessing others, there really isn't much you can do. It is what it is, at that point. Even moreso for a Chapter 7 because they are more concerned with things you've done over the last year. Again, if you are/were honest and not trying to squander money and hide assets, then it should go smoothly.

Was I nervous at my 341 (Chapter 13), yes. But I didn't let it get the best of me. By the time I got to "the table", I was as calm as a lake on a windless day.

I liken the 341 meeting nervousness to a final exam in school. Some will get sick worrying about if they know the answers and what's going to be on the exam... and literally get sick over it. I say, that you either know it or don't.

There's no sense getting worked up when you enter the exam room, because your fate is already determined by past events.

How did they say it in The Matrix (1999)...

Because you didn't come here to make the choice, you've already made it. You're here to try to understand *why* you made it.

[Confused14]

[happy_ira]

Do they hand out barf bags, like for sickness in airplanes, as you walk into courthouse?

[Confused14]

LOL, no they don't!! I think it also depends on the trustee. I hear people say "they're all the same", but I disagree. My atty even told me they are all different and learning who you get, partially determines how hard the 341 will be. My trustee was very intimidating. He spoke very loud, he was a bit mean and sarcastic at times. For example, this woman said she hadn't worked for almost 6 months, was looking for work and had no income yet she was stating she had all these expenses. He asked her, "how do you have all these expenses when you say you have no income"?

I was very nervous. Now that it's over, was it really that bad? Yes.
You will get through it. If I did, you will too.

[downwardspiral]

I was very nervous before my 341, it helped me to relax when I reminded myself that we had been completley honest about everything and that we had an excellent attorney.

If you are honest, they you really have nothing to fear.

[Cali]

Thank you justbroke, exactly what I meant about fear.

I've always been the type to not let nerves get to me.

[justbroke]

I've always been the type to not let nerves get to me.

And I understand and agree that many people don't have the strength or reassurance (really) to not let it get to them.

I was very very very very very worried about my pending foreclosure (scheduled 5 days after I finally filed)! The next day, I made about 20 calls informing all the creditors that a stay was in affect and I had filed.

I haven't received ONE PHONE CALL since the 2nd day of filing. I was so calm and relieved 2 days after filing, nothing was going to get me down... not even the dreaded 341.

But I do feel for people who just can't stop but worry. There are people who just worry about everything, and the only thing those of us who have been there/done that, is to encourage them and tell them there's nothing to fear.

In a Chapter 7 (especially), what are they doing to do... take your car? You're already at that point anyhow. In the end, be grateful for family and friends and not material things. I know it's difficult for folks, but many do get attached to things. My girlfriend cried when she crashed my car... as I watched. I asked her why she was crying. She said "I crashed the car". I then said... "it's just a car... are YOU okay?"

[Cali]

I do understand why people get all worked up, and I wish it wouldn't be so intense for them. It is a blessing that you are able to do this in order to start a fresh beginning.

I will send vibes to all that are worried.