My 341 is next week, I am nervous.

[hopingforsanity]

I am sooo nervous. I think I have read every single thread on this forum, and still am so nervous that my stomach has hurt since I got my letter in the mail. What if a creditor(s) show up, what do I tell them, what would they ask? What is a blanket bond that the trustee serve under? What does it mean that 'the presumption of abuse does not arise'? What is the personal financial management course? I do not know if I am an asset chapter 7 or a no asset? I have 1 nonexempt $800 car, does that mean I am an asset? Will everyone in the room be able to hear me when the trustee asks me questions? No trustee has called me, are they suppose to? Do I have to pay for Pacer? How do I pay for pacer without credit card? Am I even allowed to use my debit card for pacer? One creditor is still bugging me, calling and sending me letters, do you think that one will show up there? The last letter which I got today said, that instead of paying 18,500 they are offering me a deal to pay only 7,000 on the debt. Why couldn't they had offered me that sort of deal when I called them up earlier this year crying b/c I didn't know how I was going to come up with enough $$ to pay them and 3 other cards that wk, along with the electric and phone bills in the same wk? Thank you to anyone that replies.

[TEW]

hopingforsanity
Calm down and take a deep breath.
Creditors rarely show up at Chapter 7 341 meeting. The meeting lasts about 7 minutes. The trustee will have you take an oath then ask you if you signed your potion he will show you his copy of last years tax return and ask you if it is your tax return. He will ask you if anything has changed.
It looks like you have no assets so nothing to worry about. The trustee does not call you or talk to you before the meeting. Pacer charges $.08 per page on mine they don’t want payment for less then $10.00
I use my debit card for pacer. If you don’t want to use pacer you don’t need to. It just helps when you can check the status of your case.
It sounds like you have a very easy case. Nothing to worry about.
Do you like and trust your attorney?
You are going to do just fine. Mine 341 was over before I knew it. I was the last one of the day. Just think you are almost into the 60 day club we will all be looking forward to give you those congratulations get some rest look forward to your fresh start.
Good luck

Keep post there are a lot of folks here in the same boat you are not alone

[BK2008]

I've got to break your paragraph down....
What if a creditor(s) show up, what do I tell them, what would they ask?
Nothing. If they have anything to say, they will say it to your trustee. But creditors rarely show up. It costs them way too much to fly their suits to everyones 341.

What is a blanket bond that the trustee serve under? Beats me.

What does it mean that 'the presumption of abuse does not arise'? It assumes that you did not rack up debt, go to Tahiti or buy any luxury items, or take cash advances in the past 3 to six months. If that happened, then they could call it 'abuse' and dismiss your case.

What is the personal financial management course?
This is required prior to your discharge. CCC offers it online, as well as a few others. Costs-$20 to $50, depending on who the class is through.

I do not know if I am an asset chapter 7 or a no asset? I have 1 nonexempt $800 car, does that mean I am an asset?

Talk to your lawyer. It is based on income, expenses and assets and your states bk income guidelines. Your attorney should have advised you on this already.. An $800 car does not make you an 'asset case'. You are entitled to keep one car, as long as it's reasonable.


Will everyone in the room be able to hear me when the trustee asks me questions?
Not really.Unless they're standing over your shoulder.

No trustee has called me, are they suppose to? No

Do I have to pay for Pacer? How do I pay for pacer without credit card? Am I even allowed to use my debit card for pacer?
Yes, it's .08 cents per page, so use it judiciously. Debit cards are accepted.

One creditor is still bugging me, calling and sending me letters, do you think that one will show up there? The last letter which I got today said, that instead of paying 18,500 they are offering me a deal to pay only 7,000 on the debt.
Tell them you are in BK, give them your attorney's name and phone, case number if you have it and tell them to cease and desist, they're in violation of the automatic stay which went in place the minute you filed for BK with your court. They cannot try to collect while you are in an active BK.

[TEW]

blanket bond
Insures the creditors incase the trustee does something dishonest.
Summation is about 30 pages.

[BK2008]

Thank you, TEW. Didn't know about the 30 page summation...
Sounds like a good way to make an insomniac go to sleep

[hopingforsanity]

I've told that creditor each time they call my lawyer phone # and that I've filed chapter 7, the very first time after I got my 341 meeting date they told me that they will not stop trying to collect the debt.

I guess I like my attorney, but I don't really trust anyone right now.

This is so nerve racking!

So the personal financial management course is the predischarge course? I hope so b/c I took that online.

My discharge date is 3 days before christmas. I bet I won't know until after the new year what's going on.

How does the trustee get paid?

Thank you again.

[TEW]

I've told that creditor each time they call my lawyer phone # and that I've filed chapter 7, the very first time after I got my 341 meeting date they told me that they will not stop trying to collect the debt.

I guess I like my attorney, but I don't really trust anyone right now.

This is so nerve racking!

So the personal financial management course is the predischarge course? I hope so b/c I took that online.

My discharge date is 3 days before christmas. I bet I won't know until after the new year what's going on.

How does the trustee get paid?

Thank you again.

They get paid by the court I think it's like $65 per chatper 7 they make thire money from the other types of BK

You need to give your attorney the info on the people calling you.
He can take care of it very fast. He can make some money off them and they may be fined. I believe its $1000.00 for each time they violate the stay plus attorney fees.

[BK2008]

Relax, it is really a quick deal with the 341. I was in and out in less than 10 minutes, and I was the 2nd one up on the docket. under oath, my name, address, etc. Just questions about my home, the value, mortgage, how many dependents, child support, and a few q's about some bank deposits. And a few changes in the financial figures that needed to be recorded (house value dropped since I did the original paperwork). Just make sure you bring your DL, SS card and any other paperwork the trustee asks for. (You should have gotten a letter directly from the trustee and/or your attorney). Chances are they won't look at much of it anyway.

Let that creditor know one more call...you'll be happy to report them for the violation of the stay. Better yet, let the calls hit the answering machine. You've given them the info already, time they noted the info. If they didn't too da**ed bad. You are not obligated to talk to the goons.

As far as how the trustee gets paid, when it's an asset case, I think they get a % of what is collected in assets. Without the assets, I imagine they are paid from a 'pool' of collected assets. Somebody will come along that knows more. I know I didn't give the trustee a dime, and I'm a no-asset CH7.

And make sure your attorney has filed both of the certificates with the court, one of them is the pre-bk counseling course, and the financial mgmt course. Both need to be registered prior to discharge. You can check PACER to see all the documents that were filed and the status of your case.

[BK2008]

They get paid by the court I think it's like $65 per chatper 7 they make thire money from the other types of BK

You need to give your attorney the info on the people calling you.
He can take care of it very fast. He can make some money off them and they may be fined. I believe its $1000.00 for each time they violate the stay plus attorney fees.

I need a job like that...if I handle 10 cases, that's $650 a day..and knowing that these are short and sweet, they are probably handling like, what, 40 cases in a day???

Not chump change!

[hopingforsanity]

I'll call my attorney monday and tell him what GE has been doing. See what he has to say about it. Ge is also tricky. They'll call me, I won't answer, then they will block the call from appearing on my caller id and I will pick up and it's them.

[BK2008]

When I had AT&T, they had a 'privacy mgr' program that allowed you to set up 'anonymous call reject' on any calls that came in. Meaning, the caller had to 'unblock' their number to get the call through.

Now I have Vonage, and it also has a call block the same way. The blocked numbers can't get through. I never see 'out of are' 'private' or anything else.

[TEW]

I need a job like that...if I handle 10 cases, that's $650 a day..and knowing that these are short and sweet, they are probably handling like, what, 40 cases in a day???

Not chump change!

my trustee is whineing to my lawyer about how all he had today was $65 cases that day.

[BK2008]

my trustee is whineing to my lawyer about how all he had today was $65 cases that day.

Poor thing! Send him a box of Kleenex. On $650 a day, I could easily kive very very comfortable. And probably pay back over time most of those creditors I BK'd!

[TEW]

yeah no kiding thats like 150K a year if you did it full time. It's not like you have to be real smart to do it j/k incase any of you mean OLD trustees are reading this
I live in calif case number zzzzzzzzz

[hopingforsanity]

Meeting of credits 3 days from now. I am literally driving myself crazy with worry, regret, and fear.

I drove to work this morning for 8am, drove, got out of car, walked inside, punched, started working. 9:30am a friend punches in, I see her and wave, she walks up to me and says to me: "You left your car running out in the parking lot." I'm like "no, I didn't." She replies, "Unless the car started on it's own, it's still running." I went outside and OMG I never turned it off when I got to work. Yeah, just a little stressed...