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Had my 341 hearing today!

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    Had my 341 hearing today!

    YIPPEE!!!!!!!!!!!!!!!!!!!!

    My hearing was scheduled for 1:30, and I arrived 45 minutes early hoping to hear some other people go through. When I arrived there was only one person there, and so I explained why I was there/what time my appointment was, assuming he was the Trustee or other 'official'.

    I tell you, God was smiling down on me today...turns out he was a lawyer, and a friendly talkative one at that. After a bit of chit chat he offered to look at my paperwork, which I obliged happily...free legal advice WOOHOO. He looked it over and said I did a really good job, and it was better than many lawyers do He found a few errors...nothing big, just pointed out a few things the Trustee might question...and gave me advice on how to answer. Then he explained how the meeting would go, which is pretty much what I'd read here and elsewhere. He was SO nice...he REALLY calmed me down...and then we chatted a bit about the new laws which I may post in another thread.

    There were supposed to be two people before me, but their attorneys weren't there yet so I got called first. The Trustee swore me in, asked for my driver's license and SS Card, and asked me the following questions (it's a blur, but this is what I remember):

    Did you fill everything out accurately?
    Did you list all of your creditors?
    Is your income stated accurately?
    Did you list the value of your assets accurately?
    Do you have any assets not listed?
    Has there been any change to your income since you filed?
    I see you have medical bills listed, are they the result of an accident or injury where you would have a claim?
    Do you have any claims or potential lawsuits against someone else?
    Does anyone owe you money?
    Is anyone holding money/property for you?
    Are you single/divorced/married? Divorced~are you still owed any property settlement from the marriage?
    Have you sold any assets in the past 6 months?
    Have you taken any cash advances or made transfers on your credit cards?
    Do you owe any money in Federal/State income taxes?
    Do you owe any money for criminal fines or lawsuits?
    Do you any any money in child support?
    Have you filed any insurance claims in the past 24 months (this one threw me...I had filed a claim about two years ago for damage to my car in a windstorm, and don't know if it's been 24 months or not, so I told him that. He asked how much the claim was (around $500) and moved on).
    Do you understand that if you inherit any money in the next 6 months you have to inform me?
    He asked a couple of questions on my self employment/business assets and asked if I felt my assement of the value was accurate, etc.

    He asked me to read a form about Chapter 7 which basically stated what can not be discharged, etc., and then said that I made some errors on my exemptions (momentary scare) but that it was "close enough" and he wouldn't make me amend it. He said there are no creditors appearing, and I didn't quite catch what else he said...something like "this is a discharge case" to his secretary, and the thanked me and told me we were finished.

    And that was it. I thanked him, and when I turned around the lawyer I had talked to gave me a thumbs up. I thanked him quietly, and with the biggest grin in the world walked out of the room.

    I can't tell you how GREAT it feels to have this over with. And many thanks to the board...I would not have known to bring my SS Card, which was asked for straight away. A couple of the things the friendly lawyer pointed out might be questioned were not, and there were a few unexpected questions (the insurance thing was one). But all in all a very similar experience to those posted on the board.

    Thanks again to all of you who have answered my questions, or who have posted info that is useful to so many. I'm going to crack open a bottle of wine tonight and will toast you all!

    #2
    Hurray for you! and me!!

    Hey, I had mine, too! Congratulations to you!

    Comment


      #3
      "Have you taken any cash advances or made transfers on your credit cards?"


      Did he ask this question about this being done recently? Most debtors did this one time or another. I guess he just meant have you taken an advance or made a transfer just before filing.


      He seemd to ask a lot of questions. Maybe it was a slow day for him so he had time especially since you said only 2 other debtors were there.

      Good luck to you!!!

      Comment


        #4
        YYAAAYYYY!!! Sounds like things went well! Good luck!
        Amy M.
        NW Washington

        10/16/05 - Filed Chapter 7

        11/14/05 - 341 Meeting - DONE!!!

        1/6/06 - Discharged!!!

        Comment


          #5
          [QUOTE=FoolAndHisMoney]"Have you taken any cash advances or made transfers on your credit cards?"
          he asked if I had transferred any property or maoney in the last 4 years , which I had not, but did not ask about the cash advance. My att'y said the trustee can "smell" them and looking at my numbers probably figured it was not an issue.

          I felt for the trustee - sitting there for hours on end asking the same questions all the time - hope hje makes a lot of money! Guess he needed a little breakup from time to time and I was it! lol!!

          Comment


            #6
            Originally posted by FoolAndHisMoney
            "Have you taken any cash advances or made transfers on your credit cards?"


            Did he ask this question about this being done recently? Most debtors did this one time or another. I guess he just meant have you taken an advance or made a transfer just before filing.
            He seemd to ask a lot of questions.

            Good luck to you!!!
            It did seem like a lot of questions (more than I was expecting), but everything except the business related questions was asked in a mono-tone "I've done this 1,000 times already today" voice, like he was reading it off. He had a laptop and I was across from him, so I couldn't see if he had a script, but I think he did. I think he may have asked time-wise on the CC question, but I never did cash advances/transfers so I'm covered either way

            There were 2 other cases on the order sheet before mine, but probably a dozen or more people in the room that were either after me or in the 2:00 timeslot. All in all it was less than 10 minutes and I never felt 'grilled'. The only panic I felt was the insurance claim question (due to not being able to remember when it was) and when he said some of my exemptions were wrong...but he was very business like and clearly trying to get through it as soon as possible. I helped by answering no or yes to everything that didn't need an explanation

            In hindsight...it probably didn't hurt that he saw we chatting friendly with the lawyer...it's a small world and he probably golfs with the guy...

            Comment


              #7
              i dont think he asked about cash advances did he? that woould probably bog the meetings down lol as everyone would have to be investigated lol.

              maybe what he asked you was "have you transferred any property or made any payments to any person or entity within 4 years of filing other then regular periodic contract required payments."

              they are looking for people that are trying to hide property.

              what happens if you made a large cash advance to your brothers account and he then wrote you a check for it all back. figure that one that. was it a transfer or not? lol
              Im not an attorney or a trustee. You cant trust me either though!

              [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
              [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
              [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
              [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

              Comment


                #8
                Originally posted by bkfiler
                i dont think he asked about cash advances did he? that woould probably bog the meetings down lol as everyone would have to be investigated lol.

                maybe what he asked you was "have you transferred any property or made any payments to any person or entity within 4 years of filing other then regular periodic contract required payments."

                they are looking for people that are trying to hide property.

                what happens if you made a large cash advance to your brothers account and he then wrote you a check for it all back. figure that one that. was it a transfer or not? lol
                No, he asked if I had any and cash withdrawls/advances or transfers on my CC's. I don't recall, on that question, if he specified a time frame, but it was insinuated (perhaps from the previous question on asset sales). I am sure what he was looking to 'catch' would be any big transactions in the preceeding months that were done 'knowing' BK would be filed. I hadn't paid a CC in almost a year, so it was null

                Comment

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