Discharge and 341??

[denisejohn65]

Ok...you go to your 341 mtg....how do you know you will have a discharge after that mtg???? Could anything else come up? People are saying yes it's over so many days left till discharge....does your lawyer tell you that??? I know you all think I must be dumb......I have a lawyer and filed June 12th 09.....he seems to think all is well with my case.....cuz he says I have no money......I did a 7 and don't have a HUGE amount of debt....Although I did get picked for the random audit....

[aces67]

For me my 341 went great! No problems what so ever and then 5 days later the US Trustee stepped in and filed a presumption of abuse.

The UST has so many business days to object.... it's 10 I think but I'm not sure. If you get past that and nothing comes up then I think you're okay.

[eddiep]

It is normally 60 days from the date of the 341 meeting to discharge. You could check on PACER or call your lawyer for an update. If there were any issues your attorney should have contacted you. Sounds like you are past the 10 days!

[denisejohn65]

341 is July 20th

[liz417]

As others have stated, having a successful 341 doesn't guarantee a BK discharge, the Trustee, UST and/or an creditor can object to your petition. Your attorney would be contacted and the objection would show up on pacer.

[denisejohn65]

Then what happens???

[Amy26]

Then, you fight the objections... settle... reaffirm... if its the UST that objects you may have to provide additional documentation or work with him to satiate his concern... possibly pushed into a 13 and in the worst case get your case dismissed. There are many things that could potentially happen or many things that won't happen at all.

I know its really hard to do... but need to relax and worry when you need to worry.

[denisejohn65]

My Lawyer says I have a simple 7 and probably a no asset case.How do you know when it is a no asset case??? We filed on June 12th 09. July 20th 341 mtg.Have no paper yet in the mail for ct date, but lawyer secretary gave it to me. Will I hear from the tt? I got one of those random audits and it is done.I don't use pacer... Please help

[Amy26]

You and I are in the same boat denise, and I believe we will not know for absolutely sure if we're a no asset case until after the 341 meeting and the trustee submits his statement. If you do not use pacer, then you will have to rely on your lawyer to give you updates.

[denisejohn65]

Is the tt going to contact me for anything????? I have heard nothing yet......My lawyer says alimony is exempt and retirement. On the papers filed...my alimony is listed as 1200.00....which I found out is 1300.00 and my sm retirement went up from 425.00 on paper to 447.00. This is all the income I have right now. Do we have to change this???? I'm waiting on Lawyer to call me back so I can ask him. This stuff is about to make me sick.......

[denisejohn65]

I wonder if my lawyer will really give me updates after the 341....since I don't use pacer??? I think I'm a no asset case according the electronic filing letter from lawyer it says type:BK Assets:none. Will I stay a no asset? Then the ct date paper he gave me says presumption of abuse does not arise...will that say the same or could they change their minds? What are they looking for it that abuse???

[Amy26]

You're a no asset case based on what your lawyer calculated and put together. If the trustee thinks otherwise or thinks you have money/assets somewhere else... it could change to an asset case. The presumption of abuse does not arrise based on what your lawyer put together. After review by the trustees they could decide that it is an abuse.

If you retained a good lawyer and he gives you what you are paying for, he should give you updates and respond to you till the case is discharged.

My lawyer will respond to emails from me within 30 mins to 1 hour of me sending him a note. He sometimes responds at like 10pm as well.

What they are looking for is hiding assets, things they could sell for money, if you are filing chapter 7 but they think you should be in a 13... fraud... those kinds of things.

[denisejohn65]

My lawyer says they are looking for people who have money and I clearly have no money he said. I lost my pt job and my other job too... I'm single and my income is now at 1747.00 a month in Denver CO area. I guess that is why in my other posts about the alimony and retirement and job loss...he does want me to mention it breifly at the 341....do you think? Amy do you have alot of debt?

[Amy26]

Yea I think things are pretty cut and dry for you. You can't squeeze blood from a turnip!

Yes, I have a lot of debt. I own a home that is over 150k upside down. I have a lot of student loans and about 51k in credit card debt. I actually moved to another country last year and then got laid off from the job I went over there for. Long and painful time ... no income for 6 months... had to come back to the US and then after a few months being back I realized I had to file. Just couldn't do it.

[denisejohn65]

Why did they list my condo as an asset? If I'm a no asset case and I'm giving it up??? Just curious to that as I'm looking at the papers now.