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341 meeting didn't go as planned:(

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    #16
    Confused, sorry you're going through this. As you're adjusting your expenses to reflect reality, you should document how you came up with the numbers you're using and get together receipts if possible. I think it's likely you'll be asked for them, especially if they are in excess of IRS standards or are not specified in the standards. With a continued 341, the best advice I can give is to sit down once you've amended your petition and jot down questions you think the UST is likely to ask, expenses you think the UST attorney might hammer you about. A day or two before the hearing, practice answering the questions concisely and/or justifying the expenses with or without receipts (brief answers, just the facts). Being prepared will take away a lot of the anxiety and will make it less likely that you'll dig yourself a hole under stress. After all, you're not going to be convincing to the trustees if you don't sound confident in your own answers.

    Don't be alarmed if you see a statement of presumed abuse filed within 10 days of your 341. It is a very scary looking thing (I remember feeling like I was accused of armed robbery) unless you understand its purpose. It means only that it appears there's a possibility you have at least some ability to repay your debt. It is the beginning of negotiations, and that's why it's a bankruptcy "petition".

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      #17
      Originally posted by Help! View Post
      Confused, sorry you're going through this. As you're adjusting your expenses to reflect reality, you should document how you came up with the numbers you're using and get together receipts if possible. I think it's likely you'll be asked for them, especially if they are in excess of IRS standards or are not specified in the standards. With a continued 341, the best advice I can give is to sit down once you've amended your petition and jot down questions you think the UST is likely to ask, expenses you think the UST attorney might hammer you about. A day or two before the hearing, practice answering the questions concisely and/or justifying the expenses with or without receipts (brief answers, just the facts). Being prepared will take away a lot of the anxiety and will make it less likely that you'll dig yourself a hole under stress. After all, you're not going to be convincing to the trustees if you don't sound confident in your own answers.

      Don't be alarmed if you see a statement of presumed abuse filed within 10 days of your 341. It is a very scary looking thing (I remember feeling like I was accused of armed robbery) unless you understand its purpose. It means only that it appears there's a possibility you have at least some ability to repay your debt. It is the beginning of negotiations, and that's why it's a bankruptcy "petition".

      Will I recieve that within 10 days of the 341 I had on Monday or the one that is scheduled for the 20th? I am so scared that this is all going to back fire on me somehow. I don't know what I will do if I have to file chapter 13 instead. Do you think I will get drilled harder since it was rescheduled? Also what will happen after the 341? Will I know from that meeting if I will have any futher problems?
      Thanks!

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        #18
        Originally posted by B65 View Post
        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/
        Dang, that's interesting..Heh! I make less then the 6 month average median income by about 5K Yep, make about $19K but that (For me) is a WHOLE YEAR!

        Sure do wish I made 4K a month. Of course, I'd probably be another of those in the BK rooms anyway!

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          #19
          Should I be checking on pacer to see what is going on on there? Is it going to provide me with answers that I don't know now? After we file a correction to the expenses on Monday will it update on there and show if the accepted it or not? I have never used pacer and know nothing about it so any info would be helpful. Thank you all so much!

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            #20
            PACER will provide you with up to date info, faster than snail mail but it could scare you too, as it did me. The website is http://pacer.psc.uscourts.gov/cgi-bin/links.pl#BKCTS You need a credit card to access the info immediately but it is only .08 cents per page. Our state (WI) is pretty current with info, as I am sure yours will be too. Good luck.

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              #21
              Thanks!

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