This is long, but worth the read if you are filing Pro Se:
I just want to fill everyone in on the process I went through today in the 341 meeting in Missouri. First, though, a little background. 5 years ago I was pulling down over $50k as a single guy living in Oklahoma. Great job for a good company with all benefits, had finished my Masters degree, was teaching part-time as an adjunct professor just to "get the feel" (My dream job is to be a college professor). Anyway, economy goes south, job goes "poof," I move back to Missouri to be close to my family. I think I can land something quick that will pay as much as my old job. Big miscalculation. I haven't worked at a job that paid more than $8.50 an hour for the last 5 years. To try to get back on my feet, I went back to college for another degree (even more SL debt), got the degree which led to my teacher certification, and started teaching secondary education this August. The salary is less than half of what I made in the private sector, but hey, I'm happy.
However, the hounds are always loose looking for us "deadbeats." I finally decided to go for bankruptcy, but couldn't afford an attorney. However, with the vast amount of information availabe on the internet and at libraries I was able to put together a Pro Se filing that was farily simple for me to do. (note here, I was able to download a demo version of BestCase Bankruptcy from their website. I used it to fill out all the information, printed a copy that has "DEMO" printed across each page, then it was only a matter of transferring the information from the demo pages to the actual court documents I filed). The worst part of the whole process was finding forms on the internet (for free) in a format that I could fill out on my computer rather than on a typewriter.
Today I went to my 341 meeting. In the room were 35 people (mostly couples), attorneys and 1 creditor. I was the only person in the room without an attorney. The trustee and his secretary were also there. The first thing he had the group do was answer as he called our names and swear an oath (or affirmation) of truth. He then went through a list of questions directed at the whole group, example: Have you transferred any real property to anyone in the last year? If you could answer yes to any of his questions, then you raised your hand, told him your name and he made a note of it.
Then the real process began. He started by calling the first couple on the docket and the next couple was placed in what he called "on deck" chairs waiting. He asked everyone the same routine questions. Did you receive a tax refund for 2004? Did you purchase a vehicle not listed? Did you change your address? Did you transfer property to a family member? etc., etc.
Finally I get called. He asks me the same basic questions as everyone else, but looks over my forms a little closer since I am without an attorney. I tell him that my address has changed, and he writes down the information. I tell him that I have a new job, he takes this information down. He asks me if I have filled out a tax form. I tell him I haven't and he gives me one to fill out before I leave (it just asks what your refund, if any, was for the last 2 years). He asks for a copy of my drivers license and social security card. I have brought a copy of each with me and give it to him.
He does throw me a little surprise and asks me how I could accumulate so much debt (over $100K). I tell him that over $80K is in student loans. He looks at my pay stub and whips out a calculator. He does some calculating, then tells me that I should be able to settle the debt for 3 cents on the dollar! I'm absolutely stunned because I have heard of very few cases in which student loans were settled or discharged--even partially. I just nod and say OK. He informs me that I should probably be hearing from someone via mail about the loans. I'm too flabbergasted to do anyting else but shake my head. I can't even remember who is supposed to contact me.
He notifies me that I have used a few wrong statutes on my exemption list, but since they are "in the ballpark" he just changes them for me on the spot. He is a little concerned about a computer that I have that was purchased on a Best Buy credit card and a bed set through American General Finance. At first he says he will not allow them to be exempt, then changes his mind and tells me that he will allow the two companies 15 days to show cause and file paperwork before he allows the exemption. If they don't notify the court of a notice to retrieve the items, then he will consider it closed. The only thing he asks me for is to get him a copy of my pay stub for his records, and to fill out the tax form before I leave.
I run down to the clerk's office, make a copy of the pay stub, fill out the tax form and have everything to him by the time he has finished with the last party. The whole ordeal lasted a total of 1 1/2 hours from the time he first spoke to the time I walked out the door following the last party.
During the entire process the trustee was very fair, did not seem to get irritated at people who couldn't anwer questions straigthaway or who needed additional documents. He always thanked each party and wished us all "good luck." I think he did an outstanding job. The only thing he was really stern about was during his introductory speech. He notified everyone that the courts were backlogged with new filings trying to beat the deadline, and that if he asked for any documents to be sent to him, he expected them to be on his desk by the date stated or he would terminate the proceedings for the party. He said that he just doesn't have time to track people down who forget to send in something that is needed to complete the filing.
The one creditor who showed up was from a Postal Credit Union. He questioned one woman about insurance on a car that wound up being her boyfriend's. That was all he needed, and left.
All in all the process from filing to the 341, though frustrating and nerve-wracking at times, ended well. I can't encourage everyone to try to file for themselves, but believe me, there are other options than attorneys, and if you have internet access, library access, determination, some good luck and a positive attitude you can handle the paperwork. After the 17th, though, this may be a moot point.
I hope this helps anyone who is considering filing. I know bankruptcy is looked at as "shameful" but we all can't be perfect our entire lives no matter how hard we try.
Best of luck to everyone
I just want to fill everyone in on the process I went through today in the 341 meeting in Missouri. First, though, a little background. 5 years ago I was pulling down over $50k as a single guy living in Oklahoma. Great job for a good company with all benefits, had finished my Masters degree, was teaching part-time as an adjunct professor just to "get the feel" (My dream job is to be a college professor). Anyway, economy goes south, job goes "poof," I move back to Missouri to be close to my family. I think I can land something quick that will pay as much as my old job. Big miscalculation. I haven't worked at a job that paid more than $8.50 an hour for the last 5 years. To try to get back on my feet, I went back to college for another degree (even more SL debt), got the degree which led to my teacher certification, and started teaching secondary education this August. The salary is less than half of what I made in the private sector, but hey, I'm happy.
However, the hounds are always loose looking for us "deadbeats." I finally decided to go for bankruptcy, but couldn't afford an attorney. However, with the vast amount of information availabe on the internet and at libraries I was able to put together a Pro Se filing that was farily simple for me to do. (note here, I was able to download a demo version of BestCase Bankruptcy from their website. I used it to fill out all the information, printed a copy that has "DEMO" printed across each page, then it was only a matter of transferring the information from the demo pages to the actual court documents I filed). The worst part of the whole process was finding forms on the internet (for free) in a format that I could fill out on my computer rather than on a typewriter.
Today I went to my 341 meeting. In the room were 35 people (mostly couples), attorneys and 1 creditor. I was the only person in the room without an attorney. The trustee and his secretary were also there. The first thing he had the group do was answer as he called our names and swear an oath (or affirmation) of truth. He then went through a list of questions directed at the whole group, example: Have you transferred any real property to anyone in the last year? If you could answer yes to any of his questions, then you raised your hand, told him your name and he made a note of it.
Then the real process began. He started by calling the first couple on the docket and the next couple was placed in what he called "on deck" chairs waiting. He asked everyone the same routine questions. Did you receive a tax refund for 2004? Did you purchase a vehicle not listed? Did you change your address? Did you transfer property to a family member? etc., etc.
Finally I get called. He asks me the same basic questions as everyone else, but looks over my forms a little closer since I am without an attorney. I tell him that my address has changed, and he writes down the information. I tell him that I have a new job, he takes this information down. He asks me if I have filled out a tax form. I tell him I haven't and he gives me one to fill out before I leave (it just asks what your refund, if any, was for the last 2 years). He asks for a copy of my drivers license and social security card. I have brought a copy of each with me and give it to him.
He does throw me a little surprise and asks me how I could accumulate so much debt (over $100K). I tell him that over $80K is in student loans. He looks at my pay stub and whips out a calculator. He does some calculating, then tells me that I should be able to settle the debt for 3 cents on the dollar! I'm absolutely stunned because I have heard of very few cases in which student loans were settled or discharged--even partially. I just nod and say OK. He informs me that I should probably be hearing from someone via mail about the loans. I'm too flabbergasted to do anyting else but shake my head. I can't even remember who is supposed to contact me.
He notifies me that I have used a few wrong statutes on my exemption list, but since they are "in the ballpark" he just changes them for me on the spot. He is a little concerned about a computer that I have that was purchased on a Best Buy credit card and a bed set through American General Finance. At first he says he will not allow them to be exempt, then changes his mind and tells me that he will allow the two companies 15 days to show cause and file paperwork before he allows the exemption. If they don't notify the court of a notice to retrieve the items, then he will consider it closed. The only thing he asks me for is to get him a copy of my pay stub for his records, and to fill out the tax form before I leave.
I run down to the clerk's office, make a copy of the pay stub, fill out the tax form and have everything to him by the time he has finished with the last party. The whole ordeal lasted a total of 1 1/2 hours from the time he first spoke to the time I walked out the door following the last party.
During the entire process the trustee was very fair, did not seem to get irritated at people who couldn't anwer questions straigthaway or who needed additional documents. He always thanked each party and wished us all "good luck." I think he did an outstanding job. The only thing he was really stern about was during his introductory speech. He notified everyone that the courts were backlogged with new filings trying to beat the deadline, and that if he asked for any documents to be sent to him, he expected them to be on his desk by the date stated or he would terminate the proceedings for the party. He said that he just doesn't have time to track people down who forget to send in something that is needed to complete the filing.
The one creditor who showed up was from a Postal Credit Union. He questioned one woman about insurance on a car that wound up being her boyfriend's. That was all he needed, and left.
All in all the process from filing to the 341, though frustrating and nerve-wracking at times, ended well. I can't encourage everyone to try to file for themselves, but believe me, there are other options than attorneys, and if you have internet access, library access, determination, some good luck and a positive attitude you can handle the paperwork. After the 17th, though, this may be a moot point.
I hope this helps anyone who is considering filing. I know bankruptcy is looked at as "shameful" but we all can't be perfect our entire lives no matter how hard we try.
Best of luck to everyone
I'll be watching, you may never know when or how, but I'll be there. I am there now....
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