341 meeting didn't go as planned:(

[Confused78]

So i went today for my 341 I got there and was a nervous wreck. Everything was going on time and my att. had 3 other cases all of which went before me. So I was starting to get comfortable when I got called in after seeing how fast all the others had come out. I get in the room and the lady says that they (whoever they are) wants to throw my case out since my income is higher than my expenses each month ($450.00 extra) I passed the means test but I guess we missed that part. So my att. wasn't there he had sent his assistance so she asked for some time to file an ammendent. She said that some of my expenses are low so we have to go back and change some of them. I go back for another 341 on the 20th! I am so sick right now. I can beileve my att. missed this! I am so worried that I will be checked and checked again (or aduited) after we revise it.
Anyone had this happen? How screwed am I?

[jessegirl]

I know how you feel right now. My last day for objections was today and the UST file for an extension TODAY!!!

I am so sorry for you. I know how you feel. It sucks. Your attorney will correct the numbers and then i bet your 341 will go smoothly after that. I will keep my fingers crossed for you......

[justbroke]

Anyone had this happen? How screwed am I?

I'm sorry for you.

This is not lawyer bashing. This lawyer was irresponsible. First, to even have a petition in front of the Trustee at a 341 where you don't show up, send your assistant, and Schedule J and/or Form B22A show a $425/month surplus?

Wow.

[liz417]

So sorry, this sucks! You were ready emotionally for your 341 and now it's been extended! I'd be on the phone to my attorney ASAP!

Good Luck!

[Keebler]

So i went today for my 341 I got there and was a nervous wreck. Everything was going on time and my att. had 3 other cases all of which went before me. So I was starting to get comfortable when I got called in after seeing how fast all the others had come out. I get in the room and the lady says that they (whoever they are) wants to throw my case out since my income is higher than my expenses each month ($450.00 extra) I passed the means test but I guess we missed that part. So my att. wasn't there he had sent his assistance so she asked for some time to file an ammendent. She said that some of my expenses are low so we have to go back and change some of them. I go back for another 341 on the 20th! I am so sick right now. I can beileve my att. missed this! I am so worried that I will be checked and checked again (or aduited) after we revise it.
Anyone had this happen? How screwed am I?

There's still hope!

The lady before us at our 341 meeting had exactly the same problem along with so many other issues I was getting embarassed for her as I listened to it all. Among other things, the US Trustee participated by telephone and had some really tough questions and asked for a bunch of additional documents. She had visited two previous attorneys and they turned her away and she filed with a local creep for which I had little respect and I ended up having less. Obviously her case was questionable from the beginning!

This low budget attorney filed her case showing that she had disposable income and also the presumption of abuse! (Why would ANY attorney file a case like that?) The DAY BEFORE the 341 he amended her petition to show that she magically had no more disposable income. Needless to say, her 341 was continued 30 days later.

In the end none of it mattered and she actually got her discharge a few days before I got mine. I was completely amazed!

Use the forum to help keep an eye on your attorney from the sidelines and there's a good chance you'll be okay.

[JRScott]

Sorry you had a continuance, I hope it all smooths out in the end

[Confused78]

I know how you feel right now. My last day for objections was today and the UST file for an extension TODAY!!!

I am so sorry for you. I know how you feel. It sucks. Your attorney will correct the numbers and then i bet your 341 will go smoothly after that. I will keep my fingers crossed for you......

Sorry to hear about your case! That must totally suck! I will be keeping my fingers crossed for you that the extension passes without any problems.
Thanks for the positive words, I am sick with worry and barely slept last night. I can't wait until this is all over with.

[Confused78]

I'm sorry for you.

This is not lawyer bashing. This lawyer was irresponsible. First, to even have a petition in front of the Trustee at a 341 where you don't show up, send your assistant, and Schedule J and/or Form B22A show a $425/month surplus?

Wow.

I do have to say I liked the assistance a whole lot more than him. It was my first time ever meeting her and she was super nice and very willing to stay there and talk with me after it was over. However, I am really starting to not like him. As soon as the lady said about the forms to look at and (I think she said something about fraud) the assistance said right away about needing more time to amend the papers.
I just hope this doesn't cause them to question why the number were changed.

[Confused78]

So sorry, this sucks! You were ready emotionally for your 341 and now it's been extended! I'd be on the phone to my attorney ASAP!

Good Luck!

Oh I was, I called him from the parking lot. I go in on Monday to go back over the forms and to change some of the numbers.

[Confused78]

There's still hope!

The lady before us at our 341 meeting had exactly the same problem along with so many other issues I was getting embarassed for her as I listened to it all. Among other things, the US Trustee participated by telephone and had some really tough questions and asked for a bunch of additional documents. She had visited two previous attorneys and they turned her away and she filed with a local creep for which I had little respect and I ended up having less. Obviously her case was questionable from the beginning!

This low budget attorney filed her case showing that she had disposable income and also the presumption of abuse! (Why would ANY attorney file a case like that?) The DAY BEFORE the 341 he amended her petition to show that she magically had no more disposable income. Needless to say, her 341 was continued 30 days later.

In the end none of it mattered and she actually got her discharge a few days before I got mine. I was completely amazed!

Use the forum to help keep an eye on your attorney from the sidelines and there's a good chance you'll be okay.

I think she may have said something about "presumption of abuse" of abuse as well. What does that mean? They rambled on so quickly that I had no idea what was going on. I just really hope that changing the numbers (which some of them are low) doesn't screw me in the end. I guess I don't have much choice. I just can't figure out why he would have filed it that way if it was going to cause problems. It would have been so much easier to change the amount prior to them seeing the form. Now I am worried that they will question the changes.


I need some help figuring out where to raise our numbers. For example we only have $50.00 down for recreation do you think we could say $100.00 for a family of 5? I am not sure if they question a higher amount since it isn't a need. I think we guessed under on alot of the number so raising them shouldn't be to much of a problem. I know our cell phones are 150.00 and he only put down 50.00 so right there is an extra 100.00 and I have the bills to back the amount.
Thanks so much for listening to me ramble. I just need my new 341 date to come so I can stop stressing!

[Confused78]

Sorry you had a continuance, I hope it all smooths out in the end

Thank you!

[B65]

confused

make sure you have your numbers right especially for a family of 5.. if you go to the means test page it will tell you what the allowable numbers are in your area for food, rent/mortgage/ clothes cars.. I know in my state food and supplies and clothing come up to 1650 a month.

B

[Confused78]

make sure you have your numbers right especially for a family of 5.. if you go to the means test page it will tell you what the allowable numbers are in your area for food, rent/mortgage/ clothes cars.. I know in my state food and supplies and clothing come up to 1650 a month.

B

Where do you find the means test page? Thanks so much for your help!

[B65]

try here

punch in your zip code and family of 5 if you look to the right it should should you your state allowables for some things...

http://www.legalconsumer.com/bankruptcy/means-test/

[Confused78]

punch in your zip code and family of 5 if you look to the right it should should you your state allowables for some things...


http://www.legalconsumer.com/bankruptcy/means-test/

Thanks!