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Today is the day... 341 this morning

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    #16
    Hi everyone, and thanks for the good wishes!

    We arrived early (about a half hour) to make certain that we were there on time. Went in and sat on a bench outside of the courtroom. There was a session going on already. One couple came out, and we overheard their lawyer talking to them about what the trustee meant when he said "I have no interest" in something. He was telling them that the trustee would not seize any asset worth under $2000, as he would make 10% ($200), and by the time he did the paperwork, it wasn't worth it.

    Our lawyer came in about 15 minutes early, and had a couple of new forms to sign with him. They were some amendments that we had made to our schedules... nothing serious.

    We went in, and had a seat. The trustee came in, and introduced himself. He gave the normal speech, and got to something about using his recorder during the meeting. He held it up, and said "It is all at my own expense, not taxpayer's expense." Our lawyer had told us about this joke. There was some light laughter in the room at that time. He said, "It is OK to laugh... this is serious business, and I have done over 10,000 of these over he years. I also know that everyone one of us would rather be somewhere else. And my job is to get us all to that 'somewhere else' as soon as possible. "

    Then he began to call people. There were four lawyers there, and two of them were representing multiple people (and they were "sitting in" for others as well, sometimes two others... it was like they all have a rotating schedule.)

    The first person he called had one of the solo lawyers. I don't think that her meeting lasted more than three minutes. I thought, "That is too easy, but she really does not have many assets at all, nor does she have the income that I have." We were called next.

    I think that our hearing took about the same three minutes. He dictated into his tape recorder "This is the 341 meeting of the creditors for xxxx and xxxx xxxxxx. Let it be known that Mrs. xxxx has identified herself with a xxxxx driver's license, and a social security card, and all appear to be in order. Mr. xxxx has identified himself with a xxxx operators license, and a social security card, and all appear to be in order." He handed us a copy of a bankruptcy information sheet. He reviewed our tax return briefly, and handed it back to us. Then, he said "I have provided them with the information sheet, and have reviewed the last year's federal income tax return, which I have returned to them, and all appears to be in order."

    Then, he began flipping through paper, reviewing the documents. He asked, "Did you sign your petitions yourself? Did you read them? Are there any changes that you feel should be made to your schedules? Is your house on XXXXXX your residence? Do you own any other real property? I see that you own a (vehicle)? (Flips through more paper)... Any Creditors? (a quarter second pause) I declare this 341 meeting closed. Good luck to you.

    We then walked out, and our lawyer said, "Pretty painless, wouldn't you say?" I said, "Yes, but what is next?" He said that we would get our re-affirmation of our mortgage from the mortgage company through his office, and he would be contacting us to sign it. Then, in about 60 days, or maybe a couple of days after, we would get our discharge. I did ask him about one of our creditors selling our account to a collection agency, and he said that if I heard from them, I should refer them to his office. He said not to worry about it a whole lot, but if I received multiple contacts to definitely contact him, as that was a "serious violation" that he would need to handle firmly and decisively. He shook hands with us, and said that he would be in contact soon.

    He had told us during consultation that at times, the US trustees office would want to perform an audit, which would require us to send in all of the information. He said that it doesn't happen often, and it was more random to test compliance, or if they see something that really look odd. He did not seem to think that anything with us looked odd.

    The whole process was certainly nothing to worry about, and was everything that he told us that it would be. It was nice knowing that we were represented in case something went wrong, but it was very straight forward.

    I hope this helps those who are worrying...
    Filed 8/08 - Discharged 11/08! Not tracking FICO.
    Pre-Bankruptcy Net Worth: -$72,000... Today's net worth: $142,000.
    If your FICO score just went higher than your net worth, and you are happy about this, you might have a financial problem!

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      #17
      Never_Again = sounds as though it went smooth and you were prepared. Good luck on the next 60 days flying by!

      Comment


        #18
        Congrats on a very smooth and quick 341. Hopefully the next 60 days will go by fast for you and me both!!!!!
        Filed Chapter 7: 8/13/08
        341 Meeting: 9/15/08
        Last Day To File Objections: 11/14/08
        Discharged & Closed: 11/18/08

        Comment


          #19
          Yes, it does help! Thanks and Congrats!!!
          Filed C7 Aug 31 2008
          341 Oct 8 2008
          Discharged Dec 9 2008

          Comment


            #20
            Congrats
            May 31st, 2007: Petition Filed by my lawyer
            July 2nd, 2007: 341 Meeting Held
            September 4th, 2007: Discharged and Closed.

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              #21
              What great news!

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                #22
                Now that's a great story. Thanks for sharing the details, and congratulations!
                Filed chapter 7: June 9, 2008
                341 meeting: July 18, 2008
                last day for objections: September 16, 2008
                DISCHARGED September 18, 2008 - CLOSED September 29, 2008

                Comment


                  #23
                  Your story is good enough to be a 'sticky' for other terrified folks. Good job. 'Hub
                  If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                  Comment


                    #24
                    Congrats to you!!

                    Comment


                      #25
                      Glad to here everything went smoothly for you.

                      Comment


                        #26
                        Congratulations on your 341, and for having such a good lawyer.

                        Welcome to the 60 Day Club.
                        "To go bravely forward is to invite a miracle."

                        "Worry is the darkroom where negatives are formed."

                        Comment


                          #27
                          Thank you again for the good wishes...

                          I agree that having a good lawyer who has the respect of the trustees and the court in general, makes things go much smoother. If nothing more, they have a first hand knowledge of the process. I am sure that I could have filed pro-se, but the $1000 I spent for a lawyer was well worth it to us, especially when you figure the equity in a house that we were able to protect. That is really what our lawyer specializes in... real estate and asset protection.

                          Two of the lawyers there representing multiple people were ones who advertise extensively about "bankruptcy for less." They were sitting in the courtroom just before the trustee started his speech, and even while he was giving it, going over paperwork with their clients. I mean, going over it like we had in the office a month ago! I don't care how much less they charged... I would have been mad!

                          I had used our lawyer before for loan closings on real estate. Ironically, the last straw that sent me to see him, was that I went to see a mortgage banker that we have done business with for 16 year about refinancing our house to pay some things off, and get some breathing room. The mortgage banker told me that I did not need a re-finance, but needed to talk to this lawyer about asset protection. Talk about someone who operates with integrity, and puts the needs of his client first!
                          Last edited by Never_Again; 09-23-2008, 03:50 PM.
                          Filed 8/08 - Discharged 11/08! Not tracking FICO.
                          Pre-Bankruptcy Net Worth: -$72,000... Today's net worth: $142,000.
                          If your FICO score just went higher than your net worth, and you are happy about this, you might have a financial problem!

                          Comment


                            #28
                            Glad that all went well!!!! Happy 60-day club!!!!

                            Comment

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