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    Who decides on filing date?

    I'll be filing in March, hopefully late march but I have weekly chemo treatments I have to make, can I request a certain date for the 341 or is it a toss up??

    #2
    nope it's assigned by the court......
    Chapter 7 07/30/2008
    341 09/17/2008
    Discharge 11/21/2008

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      #3
      How much notice are you given??

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        #4
        You will have about a month's notice.
        Chapter 7 filed 10/21/2008
        341 - 11/26 went smooth NO ASSET
        Took 115 days after 341 - But Finally DISCHARGED 3/25/09

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          #5
          That absolutely SUCKS!! I get paid on the 15th of each month and I wanted the date to be right before I get paid so that way I'll know when to have $30 in my checking on the day I file.

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            #6
            Originally posted by debtmonster View Post
            That absolutely SUCKS!! I get paid on the 15th of each month and I wanted the date to be right before I get paid so that way I'll know when to have $30 in my checking on the day I file.
            You can file any day the court is open. The other poster is curious about scheduling of the 341 meeting.
            Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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              #7
              ok thanks!

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                #8
                So then my attorney can file on the 13th or 14th when I'm down to $20 bucks in my checking account and that's the snapshot they will get?

                When you file, do they want to see a screen shot of your bank balance for that day? How does that all work?

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                  #9
                  To the OP, I remember the chemo treatments and they can be debilitating - why don't you discuss with your attorney to see if there is anyway the Trustee can work with you on the 341 date. There must be some latitude by a few days.
                  Filed CH 7 9/30/2008
                  Discharged Jan 5, 2009! Closed Jan 18, 2009

                  I am not an attorney. None of my advice is legal advice in any way..

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                    #10
                    OP, in my district they are ALWAYS held on either the 1st or the 15th of each month. perhaps your district has a similarly regular schedule and you can plan accordingly. Or, as the previous poster said, ask for some assistance given your particular situation.

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                      #11
                      starting and wonk, good ideas. I'll ask my attorney how that goes and if permitted, get a day that works better. thanks.

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                        #12
                        Originally posted by debtmonster View Post
                        So then my attorney can file on the 13th or 14th when I'm down to $20 bucks in my checking account and that's the snapshot they will get?

                        When you file, do they want to see a screen shot of your bank balance for that day? How does that all work?
                        Essentially, this is true. In accounting terms you are submitting a balance sheet which is a mathematical formula:

                        Assets= Liabilities (debts) + Owner's Equity.

                        If you have $0 or negative Owners Equity OR the value of your exemptions is equal to or greater than the value of your assets on the date of filing you'll become a No Asset case.

                        A balance sheet is a picture of your life at one moment which can change in a matter of seconds. The court looks at your balance sheet as it is on the day you file.
                        Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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                          #13
                          So what do they do when they see $360,000+ of debt on my balance sheet with maybe $2000-3000 worth of equity in property? How does this affect me?

                          Each one of my cars is $6000 to $25000 upside down.

                          Comment


                            #14
                            Originally posted by debtmonster View Post
                            So what do they do when they see $360,000+ of debt on my balance sheet with maybe $2000-3000 worth of equity in property? How does this affect me?

                            Each one of my cars is $6000 to $25000 upside down.
                            Your formula : $3,000= $360,000 + (-$357,000)

                            You have negative $357,000 Owners Equity.

                            Reads like no asset to me. How is a car $25,000 upside down?
                            Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

                            Comment


                              #15
                              Originally posted by OhioFiler View Post
                              Reads like no asset to me. How is a car $25,000 upside down?
                              When our payoff is about $37,000 and the auction price is maybe $22,000 to $25,000 if the bank repo's it and sells it.

                              We racked up a ton of miles in a short time... almost 30,000 miles in less than a year and a half.

                              KBB trade-in shows $24,800 in EXCELLENT condition.
                              Good is $23,500
                              Poor is $21,150.

                              The bank will probably auction it off close to $20,000. The car dealer will need to buy it cheap so they can make a good profit when trying to sell it.

                              $37,000 - $22,000 = $15000.

                              My other car I owe $12,000+ and it's maybe worth close to $5,000.

                              So it all depends on what the cars will go on the auction... which I am sure will be VERY low in this terrible economy.

                              Comment

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