Is this anything to be scared about

[dr618]

My 341 meeting location says it is at the Office of The United State Trustee. It is the same courthouse where I filed, but I got really scared seeing this. Does that mean anything?

Thanks

[JRScott]

Not necessarily.

It could be an overflow issue.

Some districts are so overloaded that they are conducting meetings in trustee offices to facilitate cases.

Have you received a request yet for more information?

[dr618]

Not yet, I was just wondering.

[Bell30656]

My 341 will be in a meeting center a few blocks from the US Courthouse. There must be a lot of overflow going on.

[TEW]

I guess this is one of those questions you have to answer with another question. Do you have anything you need to worry about? Is there anything in your petition that you need to worry about? I think most people that file know if they are going to have a problem or should know. I could have had a problem I was very close to being over means.

[dr618]

No, I am under means and no asset.

[TEW]

No, I am under means and no asset.

So take a deep breath and stop worring.
enjoy the holidays

[justbroke]

My 341 meeting location says it is at the Office of The United State Trustee. It is the same courthouse where I filed, but I got really scared seeing this. Does that mean anything?

Thanks

In my old District, the U.S. Trustee office was in the same building from the U.S. Bankruptcy Court... not the same floor, but the same building.

They found it convenient to be co-located. My 341 was one floor below the courtrooms.

[Help!]

I would like to tell you not to worry, but I'm answering your question based on my experience. I would be concerned and I'd do some digging on PACER to determine if a UST has been assigned to your case (see the "Summary" page). I'd also check the case history, look for any flags such as "MEANSYES" or other things that are out of the ordinary.

Before our 341 hearing, we believed we were a no asset case and thought we met the means test. We met the attorney for the UST, were told we did not meet the means test and the UST attempted to dismiss our case. We defended ourselves well with documentation and finally did get a Ch. 7 discharge, but it was a real battle and we did become an asset case.

Think of your petition as more of a proposal. You file it believing you meet the means test and you're a no asset case, but your Ch. 7 case proceeds only if the UST agrees.

[gem561]

I seen the same thing on my Meeting of Creditors and freaked out! But then i read some other cases in my district(southern CA) from PACER and all of the meetings are held there. It was a small room, not even a courthouse. Looked like a rented office out a hotel.

[okiemom2008]

I would like to tell you not to worry, but I'm answering your question based on my experience. I would be concerned and I'd do some digging on PACER to determine if a UST has been assigned to your case (see the "Summary" page). I'd also check the case history, look for any flags such as "MEANSYES" or other things that are out of the ordinary.

Before our 341 hearing, we believed we were a no asset case and thought we met the means test. We met the attorney for the UST, were told we did not meet the means test and the UST attempted to dismiss our case. We defended ourselves well with documentation and finally did get a Ch. 7 discharge, but it was a real battle and we did become an asset case.

Think of your petition as more of a proposal. You file it believing you meet the means test and you're a no asset case, but your Ch. 7 case proceeds only if the UST agrees.

what is the difference between a no-asset case and assest case? It seems obvious but doesn't everyone have assets?

[StartingOver08]

what is the difference between a no-asset case and assest case? It seems obvious but doesn't everyone have assets?

Some of us are giving up all of our assets (house/car etc) and just keeping what is in the exemption amounts. In my CH 7 I have a total allowed of $5000 for all assets - furniture, clothing, cash, household goods, car equity - everything. I was determined to be a no asset CH 7.

[okiemom2008]

Some of us are giving up all of our assets (house/car etc) and just keeping what is in the exemption amounts. In my CH 7 I have a total allowed of $5000 for all assets - furniture, clothing, cash, household goods, car equity - everything. I was determined to be a no asset CH 7.

Oh, I see. Thanks! So basically if you give up everything except exemptions then you are no-asset? And it is easier to be a no-asset than a asset case?


We are giving up one home-selling one home and keeping exemptions and that is it. So we are a no-asset case

[StartingOver08]

That's why you need to check the exemptions on the venue you are selecting - because they vary widely from state to state. Some states allow Federal exemptions. When you are planning a BK you natually want to plan the most beneficial filing for you - seems like you have a choice (Kansas and OK). Compare them. See what you qualify for in each district and make your plan accordingly.

[okiemom2008]

That's why you need to check the exemptions on the venue you are selecting - because they vary widely from state to state. Some states allow Federal exemptions. When you are planning a BK you natually want to plan the most beneficial filing for you - seems like you have a choice (Kansas and OK). Compare them. See what you qualify for in each district and make your plan accordingly.

Well I think they go by where you lived 2 years ago. Thats what I was told anyways. So I am going by Texas exemptions but not sure if the federal exemptions are better than Tx. My lawyer acted like Tx had really good exemptions.

Thanks!