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Just back from my 341 and I didn't pass out after all!

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    Just back from my 341 and I didn't pass out after all!

    OK, here's the story of my 341!!! Sorry if it's kind of long.
    First off, we parked about five blocks away from the building. It wasn't in the federal courthouse, but in another building. When we got there, we were told that we couldn't go in with cell phones, I expected them to hold them at the metal detector station, but no, we had to walk the five blocks (in 96 degree heat) back to our car and leave them there. Not an auspicious beginning. But it got better.

    So we get to the 341 room (which was actually Room 341) and it was full of people. Everyone was dressed from jeans with holes in them to khakis/polo shirts. It was extremely informal compared to what I expected. The trustee was finishing up the 9 am people. Then he passed out questionaires to all of the ten am people (about 10 couples or individuals). It asked the same questions that he did. What is your name and address, does anyone owe you money of any type, did you review the papers your lawyer filed, is it your signature on the papers, do you have a domestic support arrangment in place, do you own any land or have you ever tried to buy land, have you inherited any land, have you read the bankruptcy information sheet attached to this questionaire.

    One of the guys before us had written FIVE checks for 1000.00 and another one for 1300.00 the week before he filed BK. The trustee was questioning him about it and the guy got all defensive and loud, saying I gave you my bank statement what else do you want? (I was horrified) The trustee said I understand that, but what I need I can't get from a bank statement or a cancelled check. I need to know if you cashed these for cash, did you buy something, did you pay someone. When he was done, the guy stormed out of the room cursing under his breath. His lawyer went in the hall with him and I could hear the guy saying that he spent the money at the casino. His lawyer was saying, It's OK, all you have to do is explain that, it won't be a problem. (?) I would think that spending 6300.00 the week before you file BK to gamble should be a problem, but whatever.

    Anyway, it got to be our turn and our lawyer wasn't there. I was freaking out. We were the next to last of the 10 am people, so when he called us up he said, oh, I see Rick's not here, just have a seat and I'm sure he'll be here in a minute. So about 30 seconds later our lawyer comes in and waves us into the hall. He had an office next door to the 341 room and we went in there. He then explains that for the last two weeks the US TRUSTEE has been INVESTIGATING my husbands business (he's a sole prop). He said that since it was so profitable three years ago, they were investigating our financials. He said about two days ago they completed their investigation and withdrew their objections and were satisfied. He said, I didn't want to tell you and get you all worried and upset when we were able to handle it with all of the information you had already provided us.

    Well, needless to say if I knew we were being investigated by the US Trustee I probably would have been hospitalized.

    So we went back into the room and it was just us, our lawyer and the trustee since everyone else was finished. He asked us all of the basic questions, asked a few questions about our bank statement, asked some questions about our business and if we had inventory. We are a broker and explained that. He also asked if we had alot of business equipment and we said no, just some pcs and printers. He looked at the info from the US Trustee, and said the only thing I need now is a print out showing the balance in your business account the day you filed. I had this in my BK file, of course in the car five blocks away. Alot of people didn't have papers that he needed, and he had been telling him that he would not conclude their creditor's meeting until this info was provided. So I told him it was in the car and my lawyer said if you go get it we can conclude this here. So we went and got the print out. I did have two checks for over 1000.00 the day before we filed, when I paid all of our bills, but I had copied all of the bill paying receipts. I brought that too and the trustee said thank you for bringing this because I would have had to ask you to show me what those checks were for. Then he said that I have all of the information I need and this meeting is concluded.

    I guess my advice is to bring anything related to a large financial transaction the month before you file, because he questioned that again and again. He just told the people's lawyers to get it to him within ten days, but I wanted to be DONE!

    And guess what, our meeting was at 10 am, and he has already posted on Pacer, asking to be discharged from the case!!!!!!!!!

    So I guess we're in the 60 day club now!!!!

    Thanks for all of your happy thoughts from yesterday!!!

    #2
    Thank you for sharing your 341 story with us. Ours is quite a few weeks away and I am so anxious to get it over with.
    07/24/09 -- Filed Chapter 7
    09/22/09 -- 341 Meeting
    09/25/09 -- Pacer States "No Assets"
    11/25/09 --DISCHARGED!!!!!!!!!

    Comment


      #3
      Awesome news!! Welcome to the 60 day club, kick off your shoes and sit a spell
      Filed 5/12/09
      341 6/11/09
      discharged 8/11/09
      Closed 8/14/09

      Comment


        #4
        Yeah, you made it through your 341...see, there was nothing to worry about! Glad your attorney decided NOT to tell you about the UST thing...I think you would have went over the deep end

        May 2008 Hired 1st Attorney/Stopped paying CCs
        May 21, 2009 Retained 2nd Attorney
        May 28th - Filed for Ch 7 (FINALLY!)
        9/11/09 - DISCHARGED!!!!

        Comment


          #5
          WOW, i'm glad you're in the 60day club!
          Filed 09/18/2009
          341 10/16/2009
          Last day to object 12/15/2009

          Comment


            #6
            Congratulations on making it to the 60 Day Club. You are on your way.

            And your experience with the trustee saying, "Oh I see Xxxx isn't here..." goes to show that the attorneys and trustees know each other and work with each other for their respective clients. For the most part, unless you have a very hard-nosed trustee--or have given them a hard time--everything works out for the debtor.

            Good luck for here on out!
            Last edited by AngelinaCat; 07-30-2009, 05:42 PM.
            "To go bravely forward is to invite a miracle."

            "Worry is the darkroom where negatives are formed."

            Comment


              #7
              congradulations! Im glad you didnt pass out! Hope to join you in the 60 day club in about 35 days!
              Retained Attny...6/22/2009
              Filed.................7/28/2009
              341 meeting.......9/04/2009

              Comment


                #8
                Congrats!! I was thinking of you today & hoping all went well

                Sounds like you have a great attorney too (awesome that he handled the UST stuff himself & didn't worry you with it!!)
                Filed 8/2009
                Discharged & Closed 11/2009
                Now the rebuilding begins....

                Comment


                  #9
                  thank you for sharing that story.. Glad it all worked out for you too ! I have my 341 meeting in Aug and I'm a wreak till this is all over with.. I just hope mine goes as good as your did !! Congrats on the 60 day club
                  Filed on 7-17-09
                  waiting for 341
                  341 meeting 8-21-09
                  discharged/ case closed 12/23/2009

                  Comment


                    #10
                    Congrats!! Wasn't so bad afterall, sounds like you had everything you needed, Good job! Welcome the the club!! We hopefully will both be discharged and closed about the same time!! I know I can't wait!
                    Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21

                    Comment


                      #11
                      Thanks for all of the nice comments!
                      Yes, I noticed that all of the attys and the trustee seemed to be on a really friendly basis. The trustee was telling our lawyer about the guy with the 6300.00 checks and they were laughing about his attitude. Our atty had told us he had a great relationship with the trustee and I guess he wasn't kidding. I think that our atty was worth every penny we paid him to take care of the US Trustee.

                      My husband has been telling me I was over analyzing and over documenting everything, but yesterday he had to admit that it was great that we were prepared so that everything was finished yesterday.

                      And I'm so happy that the trustee already posted on Pacer. I wonder if anyone will file an objection to the discharge now.

                      This site is the best ever. I was able to research just about everything here and be prepared for the worst.

                      Comment


                        #12
                        Excellent news! It sounds like the presumption of abuse that a few of us have had may have arose before the fact. It looks like smooth sailing, congrats!!

                        Comment


                          #13
                          lovely!

                          now admit it: everybody told you it would go just fine, and everybody was absolutely right

                          so: we told you so!
                          filed ch7 May 09
                          341 june 09
                          discharged, closed Aug 09

                          Comment


                            #14
                            Originally posted by music12 View Post
                            lovely!

                            now admit it: everybody told you it would go just fine, and everybody was absolutely right

                            so: we told you so!
                            Thanks, I'm so glad that you were right!!!
                            Although the whole US Trustee thing seriously would have had me in a straight jacket had I known about it before hand. My husband told me
                            all the blood drained out of my face and he thought I was going to faint when our lawyer told us. But, you were still right!!!

                            Comment


                              #15
                              i am glad your lawyer was perceptive enough to know that you should not be told about the us trustee unless absolutely necessary, and it turned out not to have been necessary. i always used to think that lawyers must be required to tell their clients everything, but now i see that the right lawyer shoudl be allowed some discretion.
                              filed ch7 May 09
                              341 june 09
                              discharged, closed Aug 09

                              Comment

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