Thanks

[berrymom35]

You know, I'm really stressed out right now, and I know I put a long post up, but I also had a traumatic 341 meeting and I can't believe that I can only get TWO people to respond to it. I thought, at least I will be able to get some information and support here...but I can't even get anyone to respond! 115 views and only two people thought enough about it to write something down..I'm very dissappointed.

[whipster1]

I see 2 posts with more than two responses. People aren't here 24/7, and believe it or not you got some good advice in the responses.

We do care here. Sorry for your experience, hopefully things go positive from here. You can complain to the UST's office as they are responsible for overseeing the local trustees.

[kenshirley]

Hang in there!
Even the court system makes mistakes and sometimes appoints the wrong people to serve it's needs as trustees.
Most likely an attorney that could not make it filing BKs.
What do you think?

[HMT]

I was one of your viewers and I'm sorry I didn't post, but honestly I couldn't have given you any information to have eased your stresses as I am just figuring all of this out myself and honestly you are further along than I. I read your post and filed it away as a learning experience for myself. To find out that the trustees could do such things was quite shocking to me!

I am sorry if you were upset by my not posting and I do wish that your UST examination? (not sure what to call it) goes well!

If you have no assets it's not as in they can get blood from a stone!

[roozterdvx]

I'm sorry for your bad experience.
I do hope everything turns out for the good for you.
Be patient and don't let the stress get you down.
Talk to your atty and get your schedules staightened out.
Get yourself prepared in the event you have to meet with the UST...make sure your paperwork is in order and make sure all your expenses are listed and justifiable.

Again, hopefully it all turns out and better days are coming.

[backtoschool]

So sorry for your bad 341. Your lawyer sounds incompetent. I didn't post earlier because I know that you are upset, and I didn't want to post something that you might not agree with.

But the trustee does not sound out of bounds to me. $250 a month for entertainment, and another $240 for your kids hobbies leaves almost $500 a month that most trustees would see as discretionary. Trustees are not on your side and their job is to get money for creditors. $500 a month is a lot to a trustee.

I think your lawyer should have helped you more with your schedules so that you did not have to have a run in with the trustee, but I think the categories that you claimed expenses in would be seen as discretionary for someone who is filing chapter 7. My attorney advised me to put $50 a MONTH for entertainment.

I think you will be fine once you correct the schedules and you should definitely have it out with your lazy attorney.

[ForumReader]

First off, I am sorry to hear that you went through a bad 341. Hopefully after you talk to your atty and get everything straightened out with your schedules especially the expense schedule, then it will be better.

Just out of curiousity, anybody here, as I am still new here, does a trustee normally look at each single expense and questions something from the expense part at the 341 meeting? My atty's assistant said the 341 meetings are normally from 5 to 10 minutes if the case is straightforward. If a 341 goes sour, can the client ask for a new 341 meeting with new revised schedules providing that his or her atty is competent enough to get through this?

[bkmaggster]

First off, I am sorry to hear that you went through a bad 341. Hopefully after you talk to your atty and get everything straightened out with your schedules especially the expense schedule, then it will be better.

Just out of curiousity, anybody here, as I am still new here, does a trustee normally look at each single expense and questions something from the expense part at the 341 meeting? My atty's assistant said the 341 meetings are normally from 5 to 10 minutes if the case is straightforward. If a 341 goes sour, can the client ask for a new 341 meeting with new revised schedules providing that his or her atty is competent enough to get through this?

The trustee's job is to find money to pay creditor's with, so they will definitely look at your scheduled expenses. It's a good rule of thumb to have them be in line with the IRS expenses for your region. Discretionary spending is obviously scrutinized more than say, utilities which are a generally known entity.

If the 341 goes sour, you don't really ask for another one, the trustee tells you that your meeting is continued and that they expect to see X and Y for next time.

[hereforinfo]

But the trustee does not sound out of bounds to me. $250 a month for entertainment, and another $240 for your kids hobbies leaves almost $500 a month that most trustees would see as discretionary. Trustees are not on your side and their job is to get money for creditors. $500 a month is a lot to a trustee.

I agree. That seems very excessive for someone who is supposed to be bankrupt. You can't expect to discharge all your debt and continue to live the same lifestyle you did before you filed. If I can't pay my bills I don't eat out at all and pretty much cut out all unnecessary spending, including taking the family to the movies. There are plenty of things you can do with your family that are free or inexpensive - picnic in the park, go out for ice cream, bike rides, rent a movie...

[last2cents]

You know, I'm really stressed out right now, and I know I put a long post up, but I also had a traumatic 341 meeting and I can't believe that I can only get TWO people to respond to it. I thought, at least I will be able to get some information and support here...but I can't even get anyone to respond! 115 views and only two people thought enough about it to write something down..I'm very dissappointed.

berry - lord in heaven....I'm sorry, because I thought about posting as well - but I'm up to my eyeballs in alligators (and I'm stressing about my own 341, and I haven't even had it yet.).....and they're all nipping at my heels...

I found your post VERY informative (although I'm sure that I will have more nightmares tonight.....I used to dream about Amex cards with little feet chasing after me...now I dream about TT's [the letters, because I don't have a face for trustees] with little feet)

With my crappy luck, I will have the TT from hell (she'll probably be imported from your district to mine - on a taxpayer paid vacation) who will want to deeply investigate the $125.00 purchase I made from Victoria's Secret for underwear (no, sorry guys, nothing exciting....plain cotton .... but in a few cool colors) in January...(hey look, the old UW had a few holes..and I had to replace it.)

{{{{{ would you believe that my flipping lawyer actually asked about that purchase????? I almost showed him the bra....(DH would have blown a gasket) for a minute - I thought that HE thought I bought the diamond studded one they come out with every year.}}}}}}

Stay sane and cool - and it ALL will work out in the end.

(sorry I didn't chime in earlier....it's been a long flipping day)

[berrymom35]

I'm sorry, but I don't think the 250 is excessive and neither did the trustee! She even said...you spend 20 in entertainment? I said yes...and she said.."i'm not saying that is unreasonable..with a family of 5" What she was objecting too was my atty putting expenses for my children's sports three different times! It looked like duplications....

[backtoschool]

I'm sorry, but I don't think the 250 is excessive and neither did the trustee! She even said...you spend 20 in entertainment? I said yes...and she said.."i'm not saying that is unreasonable..with a family of 5" What she was objecting too was my atty putting expenses for my children's sports three different times! It looked like duplications....

I wasn't judging the expense berrymom35, I was simply saying that many trustees would take that $500 a month (kids hobbies plus entertainment) and put it towards a chapter 13 plan.

Trustees do not expect people who are filing chapter 7 to have that kind of disposable income. At least that is what my lawyer told me....

[DeadManCrawling]

With my crappy luck, I will have the TT from hell (she'll probably be imported from your district to mine - on a taxpayer paid vacation) who will want to deeply investigate the $125.00 purchase I made from Victoria's Secret for underwear

I am certainly out of line to request photos of this event. It is a long-standing fantasy in my bloodline to see Trustees inspecting underwear.

In any case, berry, you have more support than has appeared so far. There are more lurkers than posters, and it may take a while for some of us to digest all of your posts.

[hereforinfo]

I'm sorry, but I don't think the 250 is excessive and neither did the trustee! She even said...you spend 20 in entertainment? I said yes...and she said.."i'm not saying that is unreasonable..with a family of 5" What she was objecting too was my atty putting expenses for my children's sports three different times! It looked like duplications....

I must have misunderstood your statement in one of your other posts on this subject yesterday:

"the tt also questioned our $250 per month entertainment claim"

[goingcrzy]

Hang in there. We are battling the UST too. One poster told me to think of the UST as just another creditor trying to get paid. He really doesn't have that much power. The "worst" he can do is make you go in front of the judge to defend why you should be in a 7 not a 13. I think this is why the lawyers don't get as upset as we do, the know the UST are trying to intimidate people.

We have our court date in Oct, but the UST has already drilled us on little items. (things that will make your blood boil). She asked us why we need to spend medication on our 13 year old dog -maybe we should just give the dog up. My one son (and my grandchildren) lives overseas -she asked us why we had to talk to them so much (we talk once a month)

They really try to get under your skin. My lawyer said some UST are just "odd people" and like to get people upset.

Don't fret too much and hang in there. At some point you will be glad you did this!