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Very entertaining 341 - I'm in the 60 day club

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    Very entertaining 341 - I'm in the 60 day club

    I had my 341 today! Piece of cake! He asked the standard questions, he already knew that we had a personal injury lawsuit pending so he asked a few questions, joked around with us a little bit. He was very funny, friendly and obviously very intelligent. Initially he asked our attorney to get the details on pending medical but after he found out that the original demand was under the federal exemption amount he told attorney to forget it. None of our creditors showed up, it took maybe 2 minutes and we were done.

    Everyone that went before us were asked if they had done a balance transfer in the past 60 days and if they had taken a cash advance in the past 12 months, was it over $1000, if yes what did they spend the money on,and if they own a home he asked how they arrived at the value. He did not ask us any of thoes questions, and we were one of the few that didn't need to submit additional documentation.

    We got there early, glad we did or we would have missed the show! The first guy we saw, OMG! First serious question was did your business have any assets? no, This was a construction company? yes There are no tools? no What about a truck? yes so your business did have assets? no, what about the truck? yes. so yes the business had only one asset the truck? yes. Is this one of the trucks you have listed? no Did you list this truck in your schedule? no. Do you still own the truck? yes but it is not insured. But you still own it? yes How much is it worth? $5000. It went down hill fast after that. He grilled this guy for about 45 minutes. The next question was about another company he owned. Did this company have any assets? no, It was a realty company? yes Were there any rental properties involved? not any more. Eventually he found out that there were 9 multi-unit rental properties but he does not own them anymore. Where did they go? He claimed that they were all sold, burnt or foreclosed on but didn't list them as property sold or transferred in the past two years either. He said that has no business records "they were all lost in the fires", two of the buildings he had owned had burnt down and he did not have insurance and didn't get any money for any of the properties. He said to him "I am not sure whats going on with you, either you don't understand my questions, or you don't know the answers, or you know the answers and just dont want to answer me. I'm thinking it is the latter." Then they tried to go through the list of properties. At one point he said "OK now you have given me three different answers on the house on such and such street, you have said that you own it, another guy owns it, the town owns it due to back taxes, so which answer do you want to use for the record? The town ownes it. Do you still live there? yes Is your name still on the deed? yes So you still own it? yes but not outright. The trustee then asked do any of the tennants owe you rent? yes how much? over $100k Over $100k?! Remeber when I asked you earilier if anybody owed you money? That would have been a good time to tell me this. How many tenants owe you this money? I don't know. Is it more than 10? yes Is it more than 50? yes, Okay why don't you just make up a number. I think it was over 100. It was crazy how much paperwork his attorney was instructed to collect including all the paperwork on all the properties, the names of the tennants who owe him money, three years bank statements, and three years tax returns. The trustee kept looking at the guy's attorney in disbelief, he wouldn't look up just chuckle and shake his head. Everybody was laughing by the end of the show. His attorney stated that he has not been able to get a straight answer about any of the property so far either. I can't believe the trustee did not warn him that bk fraud was a crime but even he seemed to be entertained by this guy.

    He moved like lightning after that guy because they were running an hour behind. Anybody who owned a business got more questions. One guy (very young) went up, the trustee said no income? no I am not working. Do you live with your parents? yes. It says here you pay $250 for rent? yes How do you pay $250 for rent if you don't have any income? My dad pays me to help him around the house. How much? I don't know maybe $300 a month. Ok if you are going to make up a story you better stick with it and told his attorney to change his schedule to reflect the $300 a month he gets from dad.

    I felt bad for the couple that went just before us. They were asked alot of questions about the 90k equity they had in their home and how they arrived at the value, our attorney called us into the hallway so I couldn't hear everything that went on but at the end the trustee ordered that they have an appraisal done and he wanted to see pictures of the inside and outside of the house, they looked very sad.

    #2
    Congrats Eddie,

    I have mine a week from monday and I'm in the same boat as you with the PI suit.

    DW had a slip and fall so it's small potatoes.

    I hope no big deal is made of it.
    But I'm glad yours went smooth,and welcome to the 60 day club.

    Save me a seat I'll be there soon.
    Filed July 7,2009
    341 August 24,2009 (completed)
    Discharged 10-28-09(Thank You Lord.)
    Case closed 10-29-2009

    Comment


      #3
      The questions were no big deal, he wanted to know how much my attorney was asking for, if they counter offered, we declined and counter offered. He wanted to know how much we countered for, how much in medical expenses. We did not know the answer and I actually got confused and said we are not seeking discharge for medical bills associated with accident. He was patient and reworded his question. He asked for details was it an auto accident. Hubby said actually a motorcycle accident. He asked if hubby was on the motorcycle. Our lawyer's name. Thats all. Not at all stressful, just simple questions. Dont worry about that.

      (tick-tock) it will be over before you know it.

      sending you good {{{{vibes}}}}
      Last edited by eddiep; 08-13-2009, 09:06 PM.

      Comment


        #4
        Congrats, Eddie! The dreaded 341 is over - now it's just wait out your 60 days. Hope the days fly by smoothly and quietly. Thanks for sharing your experiences with us!
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment


          #5
          I hate to wish away the rest of the summer, but can't wait for October 13th!

          On the way home hubby and I were reflecting on how stressful this past year has been and how we have managed to totally transformed our financial situation. Last year at this time we were so far in debt with no idea how to get out of it. The combination of a loan mod and bk has made all the difference. The ride home was good.

          Comment


            #6
            Congrats Eddie.

            I'd say the entertaining case is in trouble. You can tell with the Trustee's demeaner usually if someone is in trouble or not. Showing up late, giving multiple answers, outright lying , etc don't bode well for ya. At least that wasn't your case The Trustee will spend all his time on that case this week and just do the once over on yours
            May 31st, 2007: Petition Filed by my lawyer
            July 2nd, 2007: 341 Meeting Held
            September 4th, 2007: Discharged and Closed.

            Comment


              #7
              Congrats! Welcome to the 60 day club!
              07/10/09 Filed Chapter 7
              08/10/09 341
              10/16/09 Discharged
              02/01/10 Closed

              Comment


                #8
                Congrats EddieP! Here's hoping your 60 days goes by fast and easy!
                New Orleans: Home to the World Champion Saints, the biggest enviromental disaster and the biggest natural disaster in the history of this nation. Proud to call it home!

                Comment


                  #9
                  Congratz Eddiep.... Welcome to the 60 day 'hopefully' quiet time club

                  Thanks for sharing what you observed. If you're honest, open and answer questions directly you will have a good 341 meeting.

                  I see we have the same Debt Freedom Day!!!! All the best to you.
                  Filed Chapter 7: 06/29/2009 , 341 Meeting: 08/12 , Discharged: 10/16, Closed: 10/18

                  Comment


                    #10
                    Congratulations eddiep! Welcome to the 60 day club!
                    Filed Chapter 7: 7/3/09
                    341 Hearing: 8/6/09 - Went Smoothly!
                    Discharged: 11/30/2009
                    Closed: 12/16/2009

                    Comment


                      #11
                      Originally posted by eddiep View Post
                      We got there early, glad we did or we would have missed the show! The first guy we saw, OMG! First serious question was did your business have any assets? no, This was a construction company? yes There are no tools? no What about a truck? yes so your business did have assets? no, what about the truck? yes. so yes the business had only one asset the truck? yes. Is this one of the trucks you have listed? no Did you list this truck in your schedule? no. Do you still own the truck? yes but it is not insured. But you still own it? yes How much is it worth? $5000. It went down hill fast after that. He grilled this guy for about 45 minutes. The next question was about another company he owned. Did this company have any assets? no, It was a realty company? yes Were there any rental properties involved? not any more. Eventually he found out that there were 9 multi-unit rental properties but he does not own them anymore. Where did they go? He claimed that they were all sold, burnt or foreclosed on but didn't list them as property sold or transferred in the past two years either. He said that has no business records "they were all lost in the fires", two of the buildings he had owned had burnt down and he did not have insurance and didn't get any money for any of the properties. He said to him "I am not sure whats going on with you, either you don't understand my questions, or you don't know the answers, or you know the answers and just dont want to answer me. I'm thinking it is the latter." Then they tried to go through the list of properties. At one point he said "OK now you have given me three different answers on the house on such and such street, you have said that you own it, another guy owns it, the town owns it due to back taxes, so which answer do you want to use for the record? The town ownes it. Do you still live there? yes Is your name still on the deed? yes So you still own it? yes but not outright. The trustee then asked do any of the tennants owe you rent? yes how much? over $100k Over $100k?! Remeber when I asked you earilier if anybody owed you money? That would have been a good time to tell me this. How many tenants owe you this money? I don't know. Is it more than 10? yes Is it more than 50? yes, Okay why don't you just make up a number. I think it was over 100. It was crazy how much paperwork his attorney was instructed to collect including all the paperwork on all the properties, the names of the tennants who owe him money, three years bank statements, and three years tax returns. The trustee kept looking at the guy's attorney in disbelief, he wouldn't look up just chuckle and shake his head. Everybody was laughing by the end of the show. His attorney stated that he has not been able to get a straight answer about any of the property so far either. I can't believe the trustee did not warn him that bk fraud was a crime but even he seemed to be entertained by this guy.

                      He moved like lightning after that guy because they were running an hour behind. Anybody who owned a business got more questions. One guy (very young) went up, the trustee said no income? no I am not working. Do you live with your parents? yes. It says here you pay $250 for rent? yes How do you pay $250 for rent if you don't have any income? My dad pays me to help him around the house. How much? I don't know maybe $300 a month. Ok if you are going to make up a story you better stick with it and told his attorney to change his schedule to reflect the $300 a month he gets from dad.
                      Congrats on the smooth 341.

                      These sort of clowns are exactly who should be audited bu the UST or forced into a deposition. "The fire burnt my records", good one bud. Strange how two buildings were on fire too.
                      My comments are solely based on my opinion. The information and links that I have
                      posted are provided solely for informational purposes, and do not constitute legal advice

                      Comment


                        #12
                        Congrats

                        We can count down the 60 days together (we're just one day ahead of ya ) !!!!

                        Checked pacer today and trustee filed paperwork stating he isn't going after any of our assets and asked to be relieved from our case, so I guess we're on the road which leads us to fresh start street
                        Filed 8/2009
                        Discharged & Closed 11/2009
                        Now the rebuilding begins....

                        Comment


                          #13
                          Oh Sweetie ((((((((((((((((((((CONGRATULATIONS!)))))))))))))) )

                          I checked before I went to bed last night to see if you had posted as you and hubby were on my mind. No thread, when I went to bed. So prayed for ya'll. O Me, nice to finally get on the PC and see you had such a smooth 341 hehe!

                          We've been on this roller coaster ride since last Sept. and praying I get everything completed through this month and we finally get filed in Sept.!
                          I know what you mean about making it the last year as we, too, did it without using CCs. Of course, we quit paying most of them in Oct. O me, I'm so thankful my last balance transfer was in July (I think) of last year.

                          Will continue to pray you receive your discharge in the timely manner & then Closed LOL!

                          Hugs,

                          Luci

                          Comment


                            #14
                            Nice! Thanks for the great 341 story. My 341 had a great opening case too. Scared the crap out of everybody, but the cases that followed were a piece of cake. The trustee must look through the cases and get the wacko ones out of the way first.

                            Glad to hear you are on your way to some relief. Enjoy the rest of the Summer, sounds like you are golden and October 13 will come soon enough.

                            Comment


                              #15
                              Man, that was a good read!!! I wish more people would post stuff like this!! That was an AWESOME contribution to this forum!

                              Comment

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