My 341 is tomorrow morning

[zpbk13]

Yep - that is what I meant to type! Thanks OhioFiler!

[backtoschool]

Update

Hi all,

Well I am FINALLY back from my 341. The trustee was running late so I didn't go up there for an hour after my appt.

It was a mixed bag, but nothing that I wasn't sort of expecting. Here is how it went:

The room was completely full, with people spilling out into the hallway. The clerk has massively overscheduled the trustee and the trustee was in a very bad mood. (the trustee was taking 35 cases an hour which is three times what he usually takes, per my lawyer) I went and looked for my substitute lawyer whose picture I had to look up on the law firm website. . I found my lawyer and we talked for a few minutes, and he told me what to expect blah blah blah. Then I sat around and listened to other cases until it was my turn to go up.

When I got up there, he started grilling me about my former income, which I expected, and grilled me about my large tax return and how I spent it, which I expected, and he grilled me about every large deposit I made, especially the ones right when I moved to Michigan. But I was ready to account for each deposit and where it went, so there were not surprises there.

Then he really got his underwear in a knot over my 2004 saab. Because it's worth around $10,000 and I traded it in for a cheaper car in Jan when I moved to Michigan, I exempted it anyway, just to make sure there wasn't an issue. (I am paying on my new car the hyundai so its not an asset). But he was looking for a way to not have it count as an exemption, and wanted to follow up with my lawyer. He ended the meeting without needing a continuance or a 2004 hearing and the UST wasn't involved, but since I am not sure what he is going to do in regards to the car or if he will schedule a 2004 hearing after he talks to my lawyer, I do not feel I am in the clear yet. What I do know is that the 2004 hearing wont' be a problem because it will just be about about him wanting some sort of money for the saab and to try to treat it as an unexempt asset. Since I am using federal exemptions with no homestead, I have the exemptions to cover the car, so I don't think this will be an issue in the long run, but it wasn't the slam dunk others have had here.

Take away thoughts: Because I used to have a high income, and because I had money in my accounts at one time, even though it got spent on expenses, and because I have over $100,000 in unsecured debt I am trying to discharge, I think the trustee was looking at my petition very closely. I didn't expect my 341 to only be two questions or so, so I am not feeling blindsided, I am just wishing that the trustee wasn't being so weird about the car. (I EXEMPTED it)

My lawyer and my substitute lawyer both seem to think that I will be discharged without a 2004, so I think I might be in the 60 day club but I am not sure.

[bkmaggster]

I'm sorry you had to wait so long and got grilled.

I'm surprised you got grilled about former income and tax returns, as I'm in a slightly similar situation (over 100k unsecured, huge reduction in income, big tax return) and it was not mentioned. Goes to show so much of this is district based.

I think that is weird he is going after the car when you exempted it.

It sounds like your trustee is very very busy, and hopefully was just trying to shake any info out of you, and will now leave this alone.

Here's to an uneventful 60 days!

[backtoschool]

I'm sorry you had to wait so long and got grilled.

I'm surprised you got grilled about former income and tax returns, as I'm in a slightly similar situation (over 100k unsecured, huge reduction in income, big tax return) and it was not mentioned. Goes to show so much of this is district based.

I think that is weird he is going after the car when you exempted it.

It sounds like your trustee is very very busy, and hopefully was just trying to shake any info out of you, and will now leave this alone.

Here's to an uneventful 60 days!

I totally agree with your assessment and so does my lawyer. She thinks that he will leave it alone because it is EXEMPT.

I think he was focusing on the car but was really trying to see if he could shake some hidden assets out of me. But I have none, so that is why in the end it will all work out. I think I am in the 60 day club. What do you think?

[NewLifeAhead]

Kuddos to you for being well prepared. You probably made him a little more annoyed (than he already was that day) because he couldn't latch on to anything else from his fishing expedition. Congratz and welcome to the 60 day club!!!!!

[ForumReader]

BTS,

I am sorry that you got grilled by the trustee and waited a while for your turn to be up at the 341. Since you have been well prepared and your attorney covering all the bases for you, you should be a shoo in for the 60 days club. I agree that it was just weird for the trustee to go after your car when it has been exempted already. My biggest asset is my car (only one) and my lawyer said it has been exempted, but I will be prepared if the trustee has a bad hair day and starts grilling me about my car..given that my 341 appointment is at the end of the day (3 pm) Please hang in there!

[aljohnson007]

Not to worry. I did it pro se and was afraid beyond description but it went very well and so will yours. You will sleep very well tomorrow night!

[OhioFiler]

The room was completely full, with people spilling out into the hallway. The clerk has massively overscheduled the trustee and the trustee was in a very bad mood. (the trustee was taking 35 cases an hour which is three times what he usually takes, per my lawyer) I went and looked for my substitute lawyer whose picture I had to look up on the law firm website. . I found my lawyer and we talked for a few minutes, and he told me what to expect blah blah blah. Then I sat around and listened to other cases until it was my turn to go up.

If he is paid $60 per case that is a whopping $2,100 per hour gross income! I wouldn't be irritated, I'd be overjoyed!

[backtoschool]

Thanks all for the words of support. I think I am in the 60 day club when all is said and done, but boy my trustee went on a fishing expedition.

For those who had or have high income or assets, please note the details of my background and my 341 experience and plan accordingly. (you can find my story by searching my older posts). If you have high income or had high income or have assets, you need to have a LOT of documentation to get through your 341. If I had not been prepared, this situation could have been a real mess.

The trustee asked about specific line items on my bank statements. If I had not had a detailed explanation coupled with documentation for each question, I would have been in more of a quagmire than I am now. (now I am just waiting for him to get his underwear untwisted about my EXEMPT car. )

Another note to those preparing for their 341: Just because you exempt something, doesn't mean the trustee won't try to fish around and get it unexempt. Don't assume your exemptions won't be looked at closely by the trustee.

Anyway, just trying to use my experience to help those who have 341s coming up.

[ForumReader]

If he is paid $60 per case that is a whopping $2,100 per hour gross income! I wouldn't be irritated, I'd be overjoyed!

and come to think of this, there may be some trustees out there with unsecured debt and if they are paid well, then I wonder if they are gonna take care of their OWN debt while many of us are struggling and making ends meet. Imagine a petitioner sitting in front of a trustee who gets paid so well!

[backtoschool]

If he is paid $60 per case that is a whopping $2,100 per hour gross income! I wouldn't be irritated, I'd be overjoyed!

My trustee looked and talked like Elmer Fudd, so he is definitely not spending that $2,100 on elective cosmetic surgery and voice lessons.

[ForumReader]

My trustee looked and talked like Elmer Fudd, so he is definitely not spending that $2,100 on elective cosmetic surgery and voice lessons.

That is funny.

[OhioFiler]

My trustee looked and talked like Elmer Fudd, so he is definitely not spending that $2,100 on elective cosmetic surgery and voice lessons.

"Sywvester......the handwing of money is a gweat wesponsibiwity."-Elmer Fudd

[backtoschool]

"Sywvester......the handwing of money is a gweat wesponsibiwity."-Elmer Fudd

OMG that is hilarious!

Actually, the trustee sort of lectured me a bit like that. I forgot to mention it. He looked at me and said "You've have had some money problems for awhile haven't you? Why?"

I am thinking to myself while he said this, "Duh, of course I have money problems, I am filing for BANKRUPTCY!" But then I smiled at him sadly with a lot of deference in my voice and eyes and went into my sob story of getting laid off both in 2005 and again in Jan, and he moved on.

[OhioFiler]

"At wast! The wong arm of the waw is cwosing in on you. You scwewy wabbit."