Confused on the timeline....Can you shed some light?

[tools2teach]

We are filing chapter 7. We submitted the homework packet last week. I guess from there it would be the 341 meeting. My question is

How long will it be until we have our 341 meeting?

What happens after that?

Is the bankruptcy process done from there? Everything discharged.

Attorney advised us to stop paying our mortgage 2 months after the discharge.

Why 2 months when the bankruptcy is already done?

[JRScott]

Generally your 341 is approximately 30 days after the filing date. Discharge is 90 days after the filing date. Keep in mind though that local case load can extend these times.

I'm not sure why he told you to stop paying unless you plan to let the house gone.

[TEW]

You will get a letter in the mail when you are filed.
Mine took about 1 week before my meeting was scheduled the meeting was 19 days after I filed.
Then 60 days of hopefully nothing but waiting at the end of day 61 you should be discharged.
Your attorney maybe buying you time with the house. That’s hard to say you may have ask your attorney.

[tools2teach]

When does the attorney actually file? I have already filled out the means test and we are planning to give up the house. Our attorney advised us to keep paying the mortgage for 2 months after the 341 meeting/discharge. To make it seem legit is guess. Anyone with experience know why i would have to do this. I thought once you get discharged, then your all done. You could stop paying the mortgage.

[BROKENN]

Why does he want you to keep paying mtg if you are surrendering?

Did you talk to him and asked if he filed? You can look on Pacer. Anyway, you get to tell the lawyer when you want to file. And I would save some mtg money to get your new start.

Maybe some more details?

[evilxs]

When does the attorney actually file? I have already filled out the means test and we are planning to give up the house. Our attorney advised us to keep paying the mortgage for 2 months after the 341 meeting/discharge. To make it seem legit is guess. Anyone with experience know why i would have to do this. I thought once you get discharged, then your all done. You could stop paying the mortgage.

Sounds like it may be like my situation. He wants you to keep paying the house after the 341 meeting, not after the BK Closure. The reason he is having you do this is to make it seem legitimate that you are keeping your home for reasons of the means test. Then once your 341 is over and the BK is closing you will just let the house go rather than reaffirm the debt. If you are keeping the residence then it makes sense to the trustee that the expense of your mortgage is going to lower your post-bankruptcy means to be able to afford to repay your debt. If you were to come right out and say I am dumping this house then the trustee can say well you will have all of this disposible income that could reasonably be used to repay debt. Above and beyond what a rental place to live would consume.

I hope that makes sense. And hey just what is happening in my situation. I have to pay the next 2 house payments even though I really cannot afford to do so. I also have no intentions on keeping my home when this is all said and done.

[Bandit]

When does the attorney actually file?.

you will have to ask them that question. a lot of them only want to file once or twice a month and they send everyone in at the same time. That way they only have to go to one or two 341 meetings a month instead of going every other day.

[BROKENN]

Oh, I see the logic.
I was below means and the trustee still asked about our surrendering our house at the 341.

[Bandit]

Sounds like it may be like my situation. He wants you to keep paying the house after the 341 meeting, not after the BK Closure. The reason he is having you do this is to make it seem legitimate that you are keeping your home for reasons of the means test. Then once your 341 is over and the BK is closing you will just let the house go rather than reaffirm the debt. If you are keeping the residence then it makes sense to the trustee that the expense of your mortgage is going to lower your post-bankruptcy means to be able to afford to repay your debt. If you were to come right out and say I am dumping this house then the trustee can say well you will have all of this disposible income that could reasonably be used to repay debt. Above and beyond what a rental place to live would consume.

I hope that makes sense. And hey just what is happening in my situation. I have to pay the next 2 house payments even though I really cannot afford to do so. I also have no intentions on keeping my home when this is all said and done.

Very, VERY well put
That is worth saying it again.

[tools2teach]

Got you.....makes sense now.

[BROKENN]

you will have to ask them that question. a lot of them only want to file once or twice a month and they send everyone in at the same time. That way they only have to go to one or two 341 meetings a month instead of going every other day.

Yep, my atty had three cases on my day.
And, he filed the last day of the month so as not to go into another month for the means.

[TEW]

Sounds like it may be like my situation. He wants you to keep paying the house after the 341 meeting, not after the BK Closure. The reason he is having you do this is to make it seem legitimate that you are keeping your home for reasons of the means test. Then once your 341 is over and the BK is closing you will just let the house go rather than reaffirm the debt. If you are keeping the residence then it makes sense to the trustee that the expense of your mortgage is going to lower your post-bankruptcy means to be able to afford to repay your debt. If you were to come right out and say I am dumping this house then the trustee can say well you will have all of this disposible income that could reasonably be used to repay debt. Above and beyond what a rental place to live would consume.

I hope that makes sense. And hey just what is happening in my situation. I have to pay the next 2 house payments even though I really cannot afford to do so. I also have no intentions on keeping my home when this is all said and done.

[boiler704]

my 341 was scheduled about 7 weeks after the paperwork was submitted. lots of bk's right now pushing the typical 30 day window farther back.

[evilxs]

holy moly, I would be a nervous wreck to have to wait 7 weeks. :/

heck I say that with no official date for my 341. My official filing date is today or tomorrow. We're making sure to get in or we'll have to re-do all of the numbers to include October.

[boiler704]

hopefully your get in quicker than i did. The worse part was i was purposely unemployed and didn't want to accept an offer till after my 341 just to be safe.