341 meeting here I come...

[HopeinHorizon]

Well, I am leaving in about 6 minutes to go to the courthouse. I feel sick to my stomach, and hope that NO creditors show up.

Just me, my attorney, and the trustee would work out just fine... Hopefully, I will have good news to post in about 4 hours....

I am soooo scared!!!! I don't know what to expect or what is going to happen...

I just hope 2300 and 1100 isn't enough money to have an attorney appear in court to represent creditors that were used 60-90 days before filing...

[newstart]

I wish you the best of luck and I look forward to hearing how well your 341 went.

[StaciMM]

Looking forward to hearing your return post-I'm sure all is ok.

The $900 -- > $1100 in part because of late fees, if I remember your other posts correctly. It probably wouldn't be worth the creditors time to pursue-I think $1000 is the line for potential issues. As to the others, a $2300 credit card use would get more interest than a $2300 bad bank account balance.

[SleeplessInMI]

Gewd Luck

[bkfiler]

you wont find out about any of that at the 341 anyways. even if the creditors wanted to complain they dont really show up at the 341 meetings. they just call your attorney afterwards to settle a deal.

besides, if you would end up owing it will be less then the original amount and maybe even on payments without interest in the best case so no problem.

[HopeinHorizon]

Well its all over said and done... now I just have to wait around for the next 60 days... I really don't see any problems from the trustee, I seemed to be the quickest meeting out of the ones that I saw go before me....

The creditors... we shall see in due time I suppose...

For those that want to know exactly how it went, and also for those who need encouragement as I needed on the few days prior to the 341 meeting...

I got there, and met with my attorney. He actually had two cases go at 11:30, myself and another woman. He told us that we could go listen to cases before ours, and he had to be in the other room for the 11:00 because he had some cases there too... So, we went in... my eyes were wide with what I saw go down... I was literally shaking, because the people before me had it REALLY rough... I will tell you some case scenarios that I watched...

#1 Lady had filed 2 chapter 13's (2001 and March 2005).. both were dismissed, and now she was back and filed October 14th Chapter 7. Apparently she listed hardly any income for the Chapter 7 filing, but for the Chapter 13's you have to prove income, and she did... So within 6 months of this year, she had plenty of income and now she had none... The trustee asked her if any income/expenses had changed this year, and she stated NO... BIG MISTAKE!!! He asked her A LOT of questions about this... and you could tell by his face, that he didnt believe her at all... of course her well manicured finger nails (looked like she just had them done) probably didn't bode well for her...

#2 Woman went up, and answered all of the trustees' questions, and then when asked if any creditors were present, there actually was one! (I got really nervous then)... He asked her questions about the condition and occupancy of a house she had listed as an asset that she was surrending to the court. Then the trustee asked for her car title... turns out her dad bought it outright in May of this year. They both originally were on the title and he took over the full title... trustee asked her A LOT of questions about this, and in her schedules it listed no transfers... so he was really grilling her too...

#3 Couple went up, and they answered all their questions without a hitch, looked like it would be ok, and then the trustee said he had a problem with their income/expenses... apparently they had 400 extra a month, and he calculated that at 50% payment of debt on a 3 year plan, they should be converted to a chapter 13 instead of 7... they also had to send him their entire tax return...

#4 They called a name, and his lawyer advised he wasn't there. They rescheduled the meeting, and asked if any creditors were in attendance... AGAIN ONE ACTUALLY WAS!!! (I was really panicked inside by now after seeing all this!!)

I saw a few more cases, and then it was my attorneys time... the other lady with him went first and then I was second...

I got up, they had me swear in, and I told them I would tell the whole truth and nothing but the truth...

They had me say my name, address, and telephone for the record...
The trustee asked to see my ID and Social Security Card
The trustee asked to see my car title...
The trustee asked to see my 2004 tax papers...
The trustee asked to see bank statement showing my balance as of filing date...
The trustee asked me if it was my signature in the schedules...
The trustee asked me if I have made any transfers in the last 4 years...
The trustee asked me if I was getting any inheritance/insurance payment in the next 180 days...
The trustee asked me if I had any rights to sue anyone...
The trustee asked me if anyone owed me any money...
The trustee asked if I had made $600/payment to any one creditor 90 days prior to filing...

Then the trustee said "that is all I have"...

[StaciMM]

Congrats! Do you recall if any of the problem cases had attorneys?

[HopeinHorizon]

Sad thing is Staci is these people ALL had attorneys!!! I didn't see one pro se filer at all in my meetings... Trust me I would have noticed, because anyone sitting without a client had me freaked out, because obviously the creditors were sitting by themselves... !!!!

I also forgot a guy supposedly had a 2001 Alero car title, and he gave the trustee an ACTUAL title (not a memorandum title that had a lien against it) of a 1995 Grand Am... he asked the man if he still owned the car, because it was not listed on his schedule. The man told the trustee he didn't have it anymore... and then the trustee asked why he still had the free and clear title of it then? The attorney said, my client does not have the vehicle, and then the trustee moved on...

I saw VERY unusual cases from what I understand, everyone I tell are like woah, you had a rough session, but it was good for me, because I looked like a saint and he only asked 5 questions or so... maybe 10... it was so quick and painless for me!!!

[StaciMM]

Well, attorneys under the old law weren't required to put much into a case and from the attorney I consulted w/ if you didn't ask-he didn't tell. I don't know if it was a general lack of concern or that they had too many cases and didn't bother to pay attention to them.

I mean, if someone's schedule shows $400 available income... First thing is verify the income is calculated correctly, then discuss expenses and make sure everything is accounted for. If so-recommend a ch. 13.

[Minnymouth]

HopeinHorizon,

So glad is went well for you.... Almost painless, wasn't it???

Now you are officially a member of the 60 day club - they have to let you in.........

Sit back, wait it out, and look for that discharge.....

Keep us posted

[StaciMM]

But don't tell the person at the door that I sent you. They might turn you away!

HopeinHorizon,

So glad is went well for you.... Almost painless, wasn't it???

Now you are officially a member of the 60 day club - they have to let you in.........

Sit back, wait it out, and look for that discharge.....

Keep us posted

[HopeinHorizon]

I think that was it Staci, everyone rushed to get all their paperwork and did sloppy jobs... I too wondered how the attorney could let their client go for a chapter 7 with $400 left monthly... Maybe he thought he could sneak that under the nose of the trustee!?!?

I am so glad, my attorney was so thorough, and left it to me. He said I need this paperwork otherwise I don't file for you, and if you don't have it all in time its on you, not me. He refused to do a rush job... I understood that and hired him, because I knew he would have me ready for the trustee...

My attorney had 4 cases to cover between 11:00 and 11:30... he was busy, but everyone of his clients went up answered questions, stepped down... I am so glad that I went with him...

The other lawyers just let their clients take a nose dive.... I felt bad for one of the ladies, but the rest... you could tell they were lying, and the trustees face was priceless... you could tell he didn't believe them at ALL...

So, my advice, do your homework, get the stuff together and get it together RIGHT before you file... and don't lie, don't be shady, and review your schedules... make sure that what is on there is what you REALLY put, and look at them before your meeting, so you know the amounts... after 2 months pass, you may forget what amount you listed... and you put 150 for gas then you tell the trustee 120... it might open a can of worms... obviously BOTH answers could be true, one is a high average and the other a low average, but honest answers none the same, but how is the trustee going to recognize that... My motto was don't give him anything to drill you about, so I made sure I knew what amounts I had listed on the schedules, so if asked I could answer, and not have to explain why it was 30 dollars off... but then again he didn't even ask me anything about the expenses...

[StaciMM]

My theory is the attorney saw a payday for the 7, and knew he'd get paid again if they ended up in a 13. The couple probably went in asking about a 7, so it may not be that he steered them to it. Just failed to discuss a realistic 'what to expect'.