Unsure if I'm really ready for 341 tomorrow

[toomuch]

I filed a Chapter 13 in August and converted to a Chapter 7 which was filed October 15, 2008. My 341 meeting is tomorrow (November 13th). The butterflies and anxiety didn't hit me hard til tonight. I have a few questions/concerns and would appreciate some answers as I am leaving first thing in the morning.

1. I never saw the actual schedules, forms, etc....when they were finished. If the trustee asked if I viewed them all before I signed them (which I didn't sign a schedule a know because it was not filled out at the meeting with the attorney), what do I say?

2. I finally got the attorney's office to fax me a list of the creditors they submitted in filing. Some were missing....some should not have even been listed such as State Farm who I only owe monthly auto insurance payments, which I am always current on. I expressed my concerns and was told not to worry as they could *add on/remove* after the 341 meeting.
Is this true?

3. I have a secured credit card with Orchard bank with zero balance. I've kept that one in case of emergency because my Mom has a terminal brain cancer and she's in another state. My attorney knows about the card.
Orchard closed the account but will not refund my money without a letter from the attorney. I wonder if I'll have a problem getting the money back or who will get it? Attorney won't answer this over the phone but wants me to make an appt to handle this.

4. Attorney said it takes 6 months before discharge. Others on the forum have said this is not necessarily true. Does it depend on the state you live in?

I just don't want to get in any trouble and have been compliant and truthful about everything to my lawyer. It worries me that his office is soooooo overloaded with BK filings that it took them over 3 weeks after I met with him to convert to a 7, to file my case. Since the meeting is tomorrow, I doubt I will get to see the schedules or anything before court.

Sorry so long. I am really in a panic tonight.

Thanks,

Toomuch

[caitybird]

Unfortunately I don't really know the answer to your questions. I can't believe you didn't get to see - and get a copy - of everything that was filed. My 341 is Friday and the list of stuff to bring that my atty gave me was:

1) ID and social security cards
2) Post-filing debtor's education certificates
3) Copies of bank statements showing the balance as of the date of filing
4) Copy of pay stub immediately before 341 meeting

Sorry, this probably doesn't help you much...

Good luck! I'm sure it will go fine, but I understand your nervousness (I am too).

[toomuch]

Unfortunately I don't really know the answer to your questions. I can't believe you didn't get to see - and get a copy - of everything that was filed. My 341 is Friday and the list of stuff to bring that my atty gave me was:

1) ID and social security cards
2) Post-filing debtor's education certificates
3) Copies of bank statements showing the balance as of the date of filing
4) Copy of pay stub immediately before 341 meeting

Sorry, this probably doesn't help you much...

Good luck! I'm sure it will go fine, but I understand your nervousness (I am too).

Thanks for your input, Caitybird. I was only told to bring drivers license and SS card. I will take copies of the bank statement and pay stub *just in case*.
I can't believe how nervous I am. From all I have read, most 341 meetings are in and out.
I'll let you know how it goes for me. Good luck with yours too!

Toomuch

[hopingforsanity]

I'm confused how your attorney could file your case when he didn't go over/review and have u sign your petition??? And you should had gotten in the mail a copy of your schedules, along with your chapter 7 voluntary petition. I got mine the same day I got my 341 meeting 'invitation'.

I thought the discharge came after 60 days following your 341 meeting?
No clue about creditors missing, I have 2 that are missing on my petition, I checked my credit report and ALL my creditors say 'included in chapter 7 bankruptcy', so beats me.

The trustee will ask if you've read your schedules, and if that is your signature on them. I had over a 2 hr wait with my 341 and my trustee asked everyone that question almost first thing. I guess advice to you, is to talk with your attorney who will be there for your meeting and ask him/her about this. Try to keep questions to a yes or no. And within a couple minutes it'll be over and then starts the 60 day wait. Good luck to you.

[cool33097]

I would tell the truth. Do not say you reviewed if you didn't because if there is an error would be also your fault. Just be honest.
Discharge normally happens 61 days after 341 if you did not have any stone in your bk. It also can take much longer than 6 months.
Good luck!

[philslyn]

Good Luck to you!

When i file a petition for the client, they don't look at it as well, why? because all the information i used was all given by the clients.
from credit report, taxes, pay stubs, and all creditors. etc.
those are the things u already know.
as for the zero balance, i have no idea why they even put that.
i dont put my client credit card, when i know its zero balance.
i even have this client who owes 23 bucks, and just paid it a week before she file, so i didnt put it.
anything that is zero is not necessary to be in the bk. unless it has a dollar. or 1 cent then u cud include.
as for the car u are making payment, I have this client who wants to exempt her car, that shes using and has been making the payment on, i still put it.
but its ok coz no lender will object that, leave it there, as long as u told ur lawyer that, dont worry about it. u wont have to worry about it at all.
Just be happy that u are now going to the 341 meeting, and just pray that there is no objection. good luck!

[DaisyMae]

phislyn that is BAD advice.

If there's an error on the final forms, the filer is screwed, not the lawyer- why would you suggest they not read that before they sign it? You scare me.

[toomuch]

Update on my meeting today:

I was the fifth one called. Remembered to keep answers short.....yes or no. It was pretty simple. The trustee asked for my ID and SS Card. Asked me to state my name and address. He didn't ask me as many questions as the first 4 people. He did say he had an independent realtor *appraise* my house and said I was on the mark so he wouldn't go after it (and laughed and said "because your attorney would put a halt to that real fast and it would only take up time and put more money in the attorneys pocket."
He asked if had read the documents and schedules before signing them and I said yes....which I hadn't but things were going good it seemed. Then he asked if I had anything to say and I didn't so that was that. My attorney told me to come by his office and we would *clean up* the paperwork and had time to add.
What a RELIEF to have that behind me! I have been planning this for 2 years. Hubby filed a 13 in the Spring but I needed to wait a while longer. Glad I did because I was able to do a 7 and will be done with it soon.
This forum has been a Godsend. I don't know how I could have gotten through this without you guys. Okay.....I'm not discharged yet, so I better hold my horses, but I feel like I'm close.

[PoorGrammyinBK7]

Glad it went well for you. It is usually pretty quick I think. Very few here have had "difficult" 341 meetings.


Good luck - now you are in the 60 day club (or longer it sounds like).

[TEW]

I filed a Chapter 13 in August and converted to a Chapter 7 which was filed October 15, 2008. My 341 meeting is tomorrow (November 13th). The butterflies and anxiety didn't hit me hard til tonight. I have a few questions/concerns and would appreciate some answers as I am leaving first thing in the morning.

1. I never saw the actual schedules, forms, etc....when they were finished. If the trustee asked if I viewed them all before I signed them (which I didn't sign a schedule a know because it was not filled out at the meeting with the attorney), what do I say?

2. I finally got the attorney's office to fax me a list of the creditors they submitted in filing. Some were missing....some should not have even been listed such as State Farm who I only owe monthly auto insurance payments, which I am always current on. I expressed my concerns and was told not to worry as they could *add on/remove* after the 341 meeting.
Is this true?

3. I have a secured credit card with Orchard bank with zero balance. I've kept that one in case of emergency because my Mom has a terminal brain cancer and she's in another state. My attorney knows about the card.
Orchard closed the account but will not refund my money without a letter from the attorney. I wonder if I'll have a problem getting the money back or who will get it? Attorney won't answer this over the phone but wants me to make an appt to handle this.

4. Attorney said it takes 6 months before discharge. Others on the forum have said this is not necessarily true. Does it depend on the state you live in?

I just don't want to get in any trouble and have been compliant and truthful about everything to my lawyer. It worries me that his office is soooooo overloaded with BK filings that it took them over 3 weeks after I met with him to convert to a 7, to file my case. Since the meeting is tomorrow, I doubt I will get to see the schedules or anything before court.

Sorry so long. I am really in a panic tonight.

Thanks,

Toomuch

[caitybird]

Yay on your 341! I'm glad it went well for you!