341...What To Expect?

[lilacs80]

Hi Everyone,

I have my hearing scheduled for the 1st of July. What kind of questions will the trustees ask me? I have a simple list of standard questions that they ask all people. I haven't worked in 2 years...will they ask me why I am not working? Also, how long was the 341 hearing? My attorney never asked us for bank statements, only pay stubs of the last 4 months. I filed in California. How many months of bank statements will the trustees ask for? And I read that after 341 hearing, the paycheck will be docked by the trustess....how does that work? How much will they take? Oh, and this may seem to be a silly question....I have 2 dogs. Will they make me give up my dogs? They're not show dogs or anything of that sort but they are purebred and I bought them from a breeder. Thanks.

-- Lilacs

[carlsbadmike]

I had my 341 meeting 8 days ago which lasted about 5 minutes and was WAY easier than I expected it to be-which was the worst. The trustee asked for my last months bank statement which led up to the filing date with the ending balance circled. She also asked if I had closed any bank accounts within the last 6 months and how much it was closed for. I was on a docket with dozens of other people and was able to listen to the trustees questions of other people which gave me an idea of what to expect even though the questions were somewhat different for everyone based on their situation. Other questions asked were have you sold any property within the last 4 years-even though the petition only asked for what had been sold within the last 2 years and what I did with the proceeds. She then asked about the sale of a car and what I did with the proceeds. I forgot a sale of a house and had to have my testimony corrected the next day via fax from my attorney to the trustee even though I took a loss on the property. Other questions are have your income or expenses changed, is this your income, looked at the means test-for CH 7 and saw that I qualified, verified current address, verified security deposit on apt. I live in, went over assets list and said she had no further interest in my case and was abandoning it. There were probably a few other questions which I don't remember but none of them were as invasive as I expected them to be. You will not lose your dogs. I have one also and the trustee joked that my dogs feelings would be hurt if she new I had listed her with no value. She commented that she's also a dog lover. My attorney told me that my hearing went as smoothly as it could have, that there would be no further questioning, that the U S Trustee would have contacted us before the hearing if they had been interested-which is rare and that I should have my discharge notice in about 70 days. Good luck to you. It will probably be easier than you think.

[lilacs80]

carlsbadmike -- Thank you so much for sharing your experience. It's comforting to hear that someone has gone through this and things worked out for them. These last couple months have been so stressful. I just hope my 341 will go as smoothly as yours and hope that day of discharge will come sooner rather than later.

[ben1381]

I agree 100%. Had my 341A on 6/10/10. What surprised me is that the trustee asked about a mutual fund account I closed in 2009 that was worth less than $200 and I had forgotten to mention it to my lawyer as a closed account but was on my 2009 tax return. She asked about the house I sold in 2003 and what we did with the proceeds and we told her we invested it in our current house. She did NOT ask for any bank statements! Our lawyer did a good job!

[lilacs80]

ben1381 -- That's great! I hope my lawyer is good too then! And I hope my trustee isn't an aggressive one. My lawyer hasn't asked me for any bank statements and when I asked him if he needed them or if I should hold on to receipts from here on, he didn't even flinch and said no. Because I've read from other threads and posts that trustees ask for bank statements and such. The only thing going through my head was....how can he be so easy peasy about this...and here I am about to have a stroke from all these things going through my head....the trustees are going to tear me apart in court. Thanks for sharing your experience. I'm counting down my days to the 1st. I need to go out and buy a decent blouse for court. Sigh.

[lilacs80]

Btw, what did you guys wear to your hearing?

[carlsbadmike]

I wore newer jeans, nice casual shirt, sporty shoes and was well groomed.

[lilacs80]

This is also probably a silly question, but does any creditors actually show up for the 341 hearing?

[blockhead]

This is also probably a silly question, but does any creditors actually show up for the 341 hearing?

Hardly ever

[carlsbadmike]

No creditors showed up for mine or for the half dozen people that went before me. From what I've heard, it's very rare for them to ever show up.

[lilacs80]

Thanks for everyone's responses.

Oh here's another question I have.....when the trustees ask for bank statements...will they care how we've been spending money the last couple months? Don't misunderstand...we haven't bought anything extravagant or spending money recklessly. We've mostly used money for food, groceries, rent, everyday living expenses. I'm just asking because we eat out several times a week and I need to buy some new shoes and makeup.

[carlsbadmike]

The trustee on my case didn't question expenses from bank accounts or even look at them, only the balance on the last day to see that it was under or near the $600 protected amount that we are given.

[lilacs80]

carlsbadmike -- Oh I see! So is that the amount that you were allowed for spending each month? Can't go over $600?

Oh, and here's another question. We had written down that we help out family...(my in-laws) and give them about $200 a month give or take as a form of support. During this time, should we still be writing them a check for $200? We didn't last month. But they rely on our tiny support for little things here and there.

[carlsbadmike]

The $600 is how much cash is protected at the time of filing. Anything over $600 can be taken to pay to creditors.

I'm not sure if support to family outside of your home is considered an allowable expense in BK.

[jamiedavidg]

Ugh, my husband and I are scheduled to have the 341 hearing at the end of the week. We're in Southern Cali. I am seriously sick to my stomach and so is he.