341 mtg

[paintinrosesred]

Wow.. was that stressful. We went inside ten minutes early and hadn't seen our lawyer yet. He arrived and we felt better. There were several cases ahead of us and the trustee was continuing ALL cases. But he was a real ham and trying to make light of the situation.

It took him about 30 minutes to go through three cases. We waited about 45 minutes for our turn and the trustee said this was "the hour from hell" so not a good sign.

The trustee really took a bite out of some guy filing pro se. The only easy case was before us. Everything was going well... until he asked about our home refinance two years ago and he wants to see bank statements showing where the money went and loan documents. Easy. We've got it all documented where the money went in our bank statements.

Except when we got home I couldn't find the loan documents. And our broker and title company are now out of business and our mortgage company is listed in the BK and was NOT being cooperative (sound familiar jessegirl?). I panicked for a good three hours before I found the documents at the BOTTOM of the filing cabinet (completely hidden). What a moment of JOY.

So overall, I would say it went well. However, I NEVER want to go through that again. We hope that he will be satisfied with the documents and that our continuance will be canceled and the next 60 days will go uneventfully.

[JRScott]

I hope everything goes smooth for ya

Glad you found the paperwork you needed

[paintinrosesred]

Our 341 was continued for three weeks and our Lawyers said that it was "off calendar" and we did not need to attend the next meeting because we had provided all documentation.

Then the day after the "off calendar" meeting we were issued another continuance because we did not appear. What???

It has now been six weeks after the first 341 and we are re-appearing again. Do not know what info is needed now..... this time it's so much worse from the first time... If we knew what he needed then we could address it.

Who ever said 341's are easy and they only ask you simple questions was wrong... we have a fairly simple case and we were blind sided completely. I'm scared to see what will happen next...

Wish us luck. I'm going to go throw up now.

[paintinrosesred]

We are officially discharged!!! But here is some background...

We went to our "second" 341 and watched the trustee "belittle, berate and insult" EVERY person and lawyer for about 45 minutes. Finally when it was our turn I had been in tears for about 45 minutes and was ready to run out the room in hysterics.

We didn't know what he wanted and our lawyer "thought" he might be going after our second mortgage. Keep in mind this loan was taken out over two years prior. And our lawyer mentioned that the US trustee was involved.

It was beyond the most stressful day of my life! When it was finally our turn the trustee went after our lawyer and was severely rude and condescending. It seems he "hadn't" received the documents we sent six weeks ago BUT we had confirmation from his secretary that he had received them. Yet, he did not notify us that he was missing the docs because we would have sent the info again to him.

Then it was ANOTHER three week waiting game for the next 341 hearing. He CONTINUED EVERYONE he saw that day (as he continued everyone during the previous 341 we attended). During this time we didn't know if we should attend or not... because last time he "continued" us we were told NOT to attend unless we were contacted by him... then he put us down as "failure to appear" so we were like "here we go again".....

Needless to say we had a clean and straight forward case... and yet we went through HELL. Others have definitely had it worse though!

After that "fourth" 341 hearing things were smooth sailing... no further requests and we were finally labeled as "no asset, awaiting discharge".

I'm frustrated to hear people say that people who file BK have it "easy" because they are now debt free!! I do not think we or any of you have it "easy".

We are now looking for a rental and they are all "disgusting" in our price range and we've lost our home and will probably never be able to own a home again because it would take us 10-20 years to save up a 20% down payment on a home in CA. We will continue to pay for our bankruptcy.... beyond 7 years.

Don't get me wrong.. I wouldn't have done it any differently. We are very happy to be on the other end and the past year of BK behind us. Now just wish us look in finding a new home! We are waiting to hear back on one and seeing another tomorrow.

Thank you to everyone who has posted their stories and encouragement. This is the best place to come to have your questions answered and prepare yourself for the BK road.

[zpbk13]

Wow, paintinroses! What you went through during your mutiple 341s is scary. I'm glad to hear you have come out the other side and seem stronger for it. The decision to file bankruptcy is as everyone says on this board a "business decision" but it is one that I am sure the majority of us do not make lightly. I have no delusions in believing that this decision will not come back to haunt for years down the line but I know one other thing, we simply cannot keep living like this.

I applaud you for being strong. I wish you all the best in finding a decent place to live. Please keep us posted and thanks for sharing your story.

[walkthaplank]

Wow! Which district was this in?

[bulletproof77]

must of been having a bad day......

Sorry to hear yours went so badly. I also filed in Southern California (went to Riverside Federal Courthouse). 341 May 1, 2009. Discharged 48K in CC debt and both first and second mortgages, re-affirmed both cars. No continuance, trustee very firm, but professional and courteous. In and out in 10 minutes. I'm losing my home in Hesperia too after 26 years, so I know how you feel. Try and take the emotion out of it. It's very hard, but I just added up the numbers and due to a divorce, it just did not pencil out anymore. I also rented one of those "crappy aprtments" because my new mantra is "I pay cash-or I don't need it". I had to get what I could afford in a horrible economy. Plus I will never "gamble" on California real estate again. This state is going down the proverbial tubes fast and it will never be what it used to be. If I ever buy again, it won't ever be in California. Jobs and the "real" tax-payers are fleeing this state in droves. Can't wait to see what the "Job-Terminator" does next......

[indigoblue]

Oh my gosh, I've never heard of anyone having the nightmare that you had to go through. I'm so glad you've come out on the other side finally. I hope your life is smooth sailing from now on.