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Please help!!! 341 Meeting Tomorrow

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    Please help!!! 341 Meeting Tomorrow

    341 Meeting is tomorrow in Delaware. I have a couple of questions I was hoping someone could answer:

    1) We filed Chapter 7. We are over the income but passed with the means test. Lawyer says she's trying an Aggressive 7 but that the TT may convert it to a 13. When will I know if it's a 7 or a 13?

    2) If the US Trustee is not there tomorrow. Does that mean they will not be involved?

    3) My husband is involved in a law suit from a car accident. Can our case be discharged even though this is still pending?

    4) We did not reaffirm our mortgages (1st & 2nd) but were told my our attorney and the lender as long as we remain current we can stay in the house. Will the TT allow us to stay in our house without reaffirming since we are current on both?

    5) We were told the only thing we need to bring tomorrow is our licence and original social security card. We provided everything to our attorney who provided it to the TT last week. Is there anything else we should bring to be on the safe side???

    Sorry for all of the questions. I am just so nervous! I really want this to be over!!!!!
    Chapter 7
    Petition Filed: 3/24/09
    341 Meeting: 5/15/09
    DISCHARGED!!!! 7/20/09

    #2
    Wow that is a list of questions. Every case is different but there are some things that will look interesting to the TT.

    High income but expenses bring it to pass the Means. Me too. It was scrutinized. The UST got involved a few weeks ago and got all kinds of copies and explanations. I'm told that my lawyer was on the phone a lot with him too and there were dozens of emails. Line by line we explained it all.

    I took the ID and SS card and copies of everything the UST asked for. I also had to gather receipts for justification of my future expenses (but they warned me ahead of time that i would need that).

    In the end, it was tough session. Lots of questions about car ownership, home sales, timeshare loss, relative payments and household budgets. I was considered safely passing Means despite high income. So they checked deeply. I did not have a lawsuit but they asked every case about it.

    If the UST asked for data they may or may not be there to question you. If they are not there, the TT covers it. As I understand it they have ten days to file their motion which could be conversion, dismiss, continue or approve.

    Good luck. I know a couple days ago I was flipping out over the 341. Even though mine was extensive it was still OK. Just tell the truth. If they didn't ask you to bring any documents then just your ID & SS will do.

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      #3
      iam still going thought mine but its been odd i havent heard a pee from anyone.and i have been in persumed abuse since april 25.my lawyer said you are persumed abuse pretty much from the start if your over the meaden incomeiam hopeing for my 7.but iam think theregoign to make me convert

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        #4
        Ou Attorney told me if we filed before the Car Accident Case wasn't settled, our BK Case would not be discharge or closed until the Accident Case was settled.

        Thankfully mine was settled in Feb. 09. I got a measly $5,000 & I have 7 surgeries, spinal cord stimulator implanted and am 100% disabled. I used most of it to pay a dental bill.

        Luci

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