Stressing about 341 Next Week

[xeniilia]

Our 341 meeting is on Monday at 9 am, and I am stressing out!

I'll admit it, I'm a procrastinator. I was looking over our list of stuff we need to bring with us. (i.e. bank statements, titles, deeds, tax assessments, etc) And realized I'm missing stuff. Everything I'm missing was in the 'junk' drawer in the kitchen, that my husband cleaned out the day before we recieved the letter from the trustee. I'm missing our property tax assessments, bank statements, and the latest account statements for the the loans. I couldn't get out today to get what we're missing, so my husband said he'd do it. He got the bank statements, easy enough, but then when he got to the township office to get our latest property tax statements, he found out they closed early today, and won't open until 9 am Monday. I can't get the latest mortgage statements because they are out of state, and they don't have internet account access. And to top it all off, when he got to the Bankruptcy court offices to file an amendment, he found them closed early too!

What am I gonna do? If I don't have these papers, how much of a problem will it be. We filed pro se, and have already caused problems for the trustee because my husband can't get out of work early enough to make it to the 341 on time. (She said get there as soon as possible, and she's try and do us last if she had time)

I have a copy of the reaffirmation papers for our 2nd mortage that states the balance, and copies of the revamped 1st mortgage stating out balance as of last september. Would these work?

Can I go to the county parcel look up and print the page showing our tax history and assessment?

I was already stressing over whether or not I filled out all the paperwork correctly in the first place. Now I know why people perfer to pay someone else to do it. I sure would've if I had the money.

Oh, and another thing, reading on the boards about income tax returns has me worried about that now too. We file bk 2/18/09. I did the taxes, first week of March. We ended up w/ a return of $8000, but weren't expecting to see any of it due to back child support. Then about a week and a half ago there was suddenly $1000 deposited into our account. It was the left over from paying off the back childsupport. I had no idea about the possibility of the trustee taking returns, and the money is gone now. Would they try and make us pay it, even if it was gone before the 341? (it paid our mortgage this month, but I doubt what you do w/ it matters)

[mccaverty]

I think you lucked out with the tax return - $1,000 is the cut-off for exemption (any substantial amount over $1,000 that isn't obligated elsewhere would normally be used by the trustee to pay your creditors). The trustee will likely want some sort of documentation, however, that the other $7,000 did indeed go towards child support.

[xeniilia]

I think you lucked out with the tax return - $1,000 is the cut-off for exemption (any substantial amount over $1,000 that isn't obligated elsewhere would normally be used by the trustee to pay your creditors). The trustee will likely want some sort of documentation, however, that the other $7,000 did indeed go towards child support.

Well the exact amount was $1064, does that make a difference? I didn't claim it as exempt the either, because I didn't expect it. Usually our returns are, max $3000, and I new the FOC would take it. I have documentation for the rest though, I best make sure that I have that w/ the rest.

[OhioFiler]

I don't know what your husband does for a living but I would recommend he make the 341 hearing on time. I don't want to read on Tuesday your case was dismissed for failure to appear.

[xeniilia]

I don't know what your husband does for a living but I would recommend he make the 341 hearing on time. I don't want to read on Tuesday your case was dismissed for failure to appear.

Yeah, that's what I'm afraid of too. But he talked to the trustee, and she said get there asap, and if she doesn't get to us, and as long as I'm there on time, we'll be notified of a new date. She said nothing about dismissing it.

[OhioFiler]

Yeah, that's what I'm afraid of too. But he talked to the trustee, and she said get there asap, and if she doesn't get to us, and as long as I'm there on time, we'll be notified of a new date. She said nothing about dismissing it.

Is that in writing? Why take the chance especially as a pro se petitioner?

[xeniilia]

Is that in writing? Why take the chance especially as a pro se petitioner?

No, but it's either risking that, or him losing his job. He tried to get his boss to reschedule Monday's job, and it was a no go.

[OhioFiler]

His boss must be a real prick.

[StartingOver08]

Check the county property records on line for your taxes - ours has a direct link to the tax collector dept showing how much is due and when it was paid etc.

As to getting to the 341 - you are taking a huge risk by having your husband come in late. Your case can get dismissed. The Trustees do not mess around with the creditors meeting (that's that the 341 is, a creditors meeting). You only have one meeting to go to and your husband is putting his job ahead of the Trustee???

[fltoo]

In this environment, I would definitely put my job ahead of the trustee.

Sounds like the trustee is understanding though, and will give you a new date.
Better to wait it out with a new date than to lose a job.

[okiebk09]

You need to do what you have to to be able to complete your bankruptcy. If you husband explains to his boss that he has no choice and he MUST go. Would you rather get his wages garnished and he have to quit anyway? Take what you have and go to the meeting. Start making calls at 8 am monday morning to get copies of what you still need and go with what you have. Is this additional paperwork that you did not turn in already? We were only asked for our 2008 tax return when we went. Nothing additional. If you don't have what they need then I would think worst case is they continue your case and schedule another meeting. Maybe someone else can give more advice to that issue. I would not take a chance on my husband not showing up or being late. Just my opinion.

[mccaverty]

I am all for the husband keeping his job. You've got enough stress without worrying about that.

[xeniilia]

In this environment, I would definitely put my job ahead of the trustee.

Sounds like the trustee is understanding though, and will give you a new date.
Better to wait it out with a new date than to lose a job.

Thank you.

[xeniilia]

You need to do what you have to to be able to complete your bankruptcy. If you husband explains to his boss that he has no choice and he MUST go. Would you rather get his wages garnished and he have to quit anyway? Take what you have and go to the meeting. Start making calls at 8 am monday morning to get copies of what you still need and go with what you have. Is this additional paperwork that you did not turn in already? We were only asked for our 2008 tax return when we went. Nothing additional. If you don't have what they need then I would think worst case is they continue your case and schedule another meeting. Maybe someone else can give more advice to that issue. I would not take a chance on my husband not showing up or being late. Just my opinion.

We were sent a letter from the trustee requesting we mail her paycheck stubs and the latest tax returns 10 days before the meeting, then a whole list of paperwork to have at the meeting.


I was able to get the tax assessments from both the county and the township online. So now the only things I'm missing is the latest account statements for our mortgage and the 2nd mortgage. The 2nd mortgage has never sent us bills/payment booklet, and they refuse to talk to us. Since they are a CU, they aren't open on Saturdays, and the don't open till Monday morning at 9am.

I haven't recieved a statement for our mortgage for April (it usually comes by now, I have a feeling it'll show up in the mail Monday afternoon) and March's was trashed before we knew we needed it. I've called them, but the soonest I can get a copy is 10-14 buisness days. They do not have an office in this state to drive to.

Blah! It's my own dang fault for assuming the papers I need were nicely tucked away where I left them, and not actually gathering them till last minute!

[fltoo]

You need to stay on top of your paperwork and be more prepared. Get organized so that there are no more problems.

If the trustee postpones your meeting, it might be to your advantage so you can get organized.