Does the 341 determine if you are a 7 or 13?

[HHM]

What does "UST" stand for and who is that?

UST = United States Trustee. They work for the Department of Justice and are the ones that oversee the integrity of the bankruptcy system. They are different than the Bankruptcy Trustee (also known as the Panel Trustee).

The BK trustee in a chapter 7 only cares about assets, in fact, the BK trustee does not want your case converted; that is why the UST is the one that will file an objection if your case should be a chapter 13.

[Frshstart09]

US Trustee. They are responsible for investigating possible abuse and filings that could be Converted into a Chapter 13 (that's the basic of it anyway. I'm new to this)

[bnkrptinva]

Had my 341 this morning. I was scared shitless as I am a borderline 7 case. I was the 3rd case to go before the trustee. The first case, asset case, complex, it was adjourned in June. I guess they have some assets to figure on. Second case, was my attorney's first case, seemed very simple until the trustee objected to their 450.00 a month cigarrett expense. Said without that, they would have money left over and could pay a 13. Now from the get go, I had 196 leftover on paper (is actually not really the case, but some of our expenses, the attorney lowered because she thought the trustee would bark at them...keep in mind though, it's nothing excessive...I'm not living the fancy life at all). I was called up, very nervous. Answered the basic questions, then the trustee said, you have 196 leftover, why isn't this a 13? My attorney piped up and told the trustee about my health care premium...it will be increaseing by 200 a month in October upon the birth of my child. That I will be out of work for 6 - 8 weeks, etc. Before we could bring up the fact I'd have to be moving to a bigger place (5 people will NOT fit in a 2 bedroom apartment), the trustee said okay to it. WHEW! I was totally scared I'd be forced into a 13, then have to get permission to convert later in the year. What a hassle that would have been. My nerves just can't take it. My attorney, her other clients, and me went into the hall. Attorney told me that was it, I'd be getting my discharge in the mail in about 60 days. She mentioned how the trustee didn't bark at my 401 k contributions, but did bark at the other clients cigarrett expense. Said they'd appeal, that they cannot tell someone to quit smoking.

I guess to tie this in to the thread subject, I think you can get a good idea at the 341. I also think a lot of this is very much dependent upon the individual trustee.

The clients who will appeal, I think the trustee mentioned they'd have to take it up with the UST (U.S. Trustee), but I'm not sure. I was so sick to my stomach through the whole process, it seemed surreal to me.

I am so grateful this is over, and that I will be able to afford having a family now.

Now, the next battle, keeping my job and hopefully not having a pay cut like so many companies are doing to their employees. If that doesn't happen, we should be fine.

Thanks for the well wishes from everyone who sent me luck.

Good luck to everyone here in the process.

[Frshstart09]

BkruptinVa,

Congrats! Sounds like your lawyer and you were very prepared. I'm so excited for you! My I &J is currently in the negative, so I hope I'm okay. I'm jealous you are in the 60 day club. Enjoy it :o)

[bnkrptinva]

Thank you frshstart, if your schedules have you in the negative, more than likely you'll be fine. The trustee I had paid more attention to that then the means test (I was just barely under on that). But fortunately, my attorney explaining my healthcare situation after my baby comes was all it took. Trustee didn't even bat an eye at how much I put into 401K (8 percent).

I felt badly for the clients ahead of me, with the objection to their cigarrett expense. It comes to about the same as my 401K contribution. Attorney said that it's not allowed to tell someone they can't smoke, so hopefully when they appeal or whatever the next step is, they will get approved.

I guess I have 59 days to go. Crossing my fingers it goes off without an issue.
: )

[justbroke]

What does "UST" stand for and who is that?

That's the person you don't want showing up at your 341 Meeting.

The "Trustee" is the person who is assigned your case and administers your case.

The "U.S. Trustee" (aka UST) is the person in charge and represents the entire process. They are in charge of all the other "acting" Trustees. They are responsible for managing the entire Bankruptcy program and to insure that they are in compliance with the Bankruptcy guidelines and Code. They generally set local policy (from the Trustee's office).

When the UST becomes involved in your case, this generally means that the UST is "interested". This is usually because the case is considered an abuse of the Chapter 7 liquidation process.This also generally means that you'll be pushed to a Chapter 13 if you can't justify your Chapter 7 income and expenses.