Jamiedavidg -- I am in So Cal as well. I know what you mean. I'm going through everything in my head every day and night. Seems to get worst as we're approaching closer to our 341 hearing. Do let me know how your hearing goes! I'm so nervous and worried. Good luck with everything! Keep us posted.
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I was sick to my stomach too. It will come and go and then you'll feel like it was no big deal.Comment
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Our trustee DID ask about and comment on specific line items in our bank statements, so it can happen. You are allowed to spend your money on household goods, food, etc, so I wouldn't worry about buying clothes and eating out at restaurants. My advice is to keep your answers polite and SHORT. Yes or no answers, when possible. Be respectful and 100% honest/truthful, but don't offer up "extra information." This was advice from our attorney and it served us well since I tend to blather on when nervous.Comment
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My attorney also instructed me to keep my answers short-yes or no when possible, to only answer what was asked and to not volunteer any information not asked for.Comment
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kmbk2b -- That is good know. When I get nervous, I also tend to ramble and stutter.
carlsbadmike -- Thanks. That is very good to know. I will keep that in mind.
I am just super nervous. This entire process is so stressful and worrysome. Oh, here's another thing that popped into my head last night when I was lying wide awake in bed, are we allowed to go on short trips like a simple weekend getaway? Nothing like a huge European vacation or anything. Our 341 is on the 1st right before the 4th July weekend. Or is this a huge no no?Comment
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You do NOT have to worry about your trip.Comment
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Phew! Thanks! That's a relief to know...can go away for the weekend. Thanks for always taking the time to respond to my questions. I really appreciate it.Originally posted by carlsbadmike View PostComment
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Here's another thing that I was wondering about. I am paying bills right now. After the 341, will we have to go into out bank and change the title or status of our checking account so that the trustees can take over the account? Changing banks was a nightmare. We were originally banking with Citi and we had to close it out because we have a couple of credit cards with Citi cards. Not knowing, we switched over to Wells Fargo about a month before filing. A week before filing, my atty calls and tells us we have to close out Wells Fargo or switch it out to another bank because they are notorious for freezing funds regardless if we owe them anything, and to not pick any bank that we have ties to. That was hard! We had a loan with BOFA, credit cards with Chase and Citi, Wells Fargo and Union Bank freezes funds, what else is left!?! With that said, I ran around like a headless chicken and my husband had to take time off to set up a new account at a new bank. So now, we have an account set up at a smaller bank. The banker who opened the account for us, left out our middle initials and getting them to re-issue or reorder a new set of debit cards with the correction have been a nightmare. It's been 3 weeks and we not receive the new cards. Of course now, we've filed and we have still yet to receive the cards. I've called to follow up yesterday and they've re-order the cards. So we'll see. If I don't get the cards in 5-9 days, I think we're never going to get the new cards. It was been 2-3 weeks since we filed. So our account must have a flag on it in the back office. Anyways, sorry for venting guys.
Anyways, do we eventually have to go back into the bank and change the title or status of our account after the 341? Or is that something the bank does on their own when they receive a notice from the court? I'm just thinking how can the trustee take charge of our funds if we don't change the title of the account which leads me to think we will have to eventually change the title of the account.Comment
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My atty just got back to me about dress code for the 341. I've been assuming that business casual should do it, but it turns out, he told me casual is the best. So does this mean...jeans and a nice top will do?
And I also asked him about the whole money to my in-law situation. Every month, I send them $200 to help out. He told me to hold off and we'll have to wait and see. It's sounding like maybe it may not be exempt.Comment
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Lilacs80, you got a response from your attorney? That is better than I got when I asked that question, lol. I got a "re-read the packet I sent you, that will answer your attire question" from his iphone. I had asked if jeans were permissible attire, and that's the answer I got (the packet did NOT address this).
What court do you have your 341 at?
The hubby and I had our 341 in Riverside, CA. I went in a blouse and dark jeans and some regular black shoes, not too dressy but they look as if I'm wearing boots. The hubby wore a polo shirt and blue jeans and his boots (he had a hard time getting his boots off when we arrived at court, since your asked to remove your shoes and put them in the bin with the rest of your belongings, to go thru the x-ray scanner). I saw people wearing everything from shorts, to a woman wearing a business suit. I've read on various sites that you're not allowed to wear flip-flops or shorts, but I saw both being worn.Last edited by jamiedavidg; 06-17-2010, 08:43 PM.Comment
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jamiedavidg -- We'll be having our 341 in Sherman Oaks, CA. My atty confirmed that jeans and a nice top is A-Ok for my hearing. This saves me from having to run out to buy a new pair of slacks for my 341. But I do need to buy a pair of flats. I've also read on various sites that the dress code should be business casual and closed toe shoes, respectable. But I've also read on various threads on the forum that people have worn jeans and it was fine so I thought it's better to be safe and just ask.
How did your 341 go? I'm super nervous! What kind of questions did they ask you guys? What happens now after your 341? I was told we have to take another credit counseling course but needs to be completed within 30 days after our hearing.Comment
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Our 341 went smoothly, we were pretty much asked the exact same things as others that filed chapter 7, but the trustee did have a question about a document that showed a different address, different than the ones that we had listed but we explained that it was an error and that was pretty much it.
I borrowed the list of questions that BK442 was asked, because we were asked the exact same questions:
They are as follows:
-Swear in
-State your name and address for the record
-Did you review the green pamphlet?
-Have you reviewed and signed all schedules before they were filed?
-Is everything true, complete or correct?
-Did you list all assets and debts?
-Have you ever filed BK before?
-Have you sold, transferred or given away any property in the last 1 years?
-Do you own or rent your home?
-Do you pay any child support?
-Are there any creditors present in this matter?
And then done.
As for a 2nd course, we had already taken a 2nd course a week prior to the 341 hearing.Comment
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jamiedavidg -- Thanks for list of the questions! Fingers crossed that we'll go smoothly too! We have to get a move on our 2nd course.Comment
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jamiedavidg -- I forgot to ask you....how many months of bank statements did your trustee ask you for?Comment
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At our 341, the trustee did not request any type of documentation from us, although we were advised by our lawyer to make duplicate copies of our 2008 & 2009 tax returns and take them with us to the hearing. He didn't ask us for any of that though. We provided 3 months of bank statements to our lawyer, but that's it, and that was a month or two ago when we filed. The only thing we were asked for was to provide ID (we gave a CDL and SS) and to read a green pamphlet.
I was overwhelmed by the process, and I think other people were too because there was a line forming outside, which we found to be unnecessary...we just had to muster up the courage to look into the room and see that their were empty chairs, and other folks that had been standing in line followed. After us, other people made the mistake of having tunnel vision and taking a seat on the closest chairs to the door, which were chairs along the wall and reserved for attorneys...they missed the sign taped on the wall, and the trustee's assistant was sure to catch this and quickly snapped at them.
Honestly, it was very fast and although we arrived an hour early, I still couldn't calm down. My heart was racing. The only people that had to endure more questions than everyone else was a gentleman that had multiple busineses, investment properties and expensive cars. He was up there for a bit, but the trustee was very nice about it. Also, a few older couples that were not represented by attorneys had a very, very tough time. They couldn't hear what he was asking, failed to fill out the forms correctly, and in the end, they were told to return next month. The trustee seemed to be a nice man, it was his ASSISTANT that was rolling her eyes at the people that were not prepared, snapping her fingers at people, and was very short with everyone. My hubby & I sat there, quiet as can be, whispered to one another (some folks were talking outloud with their 'outdoor' voices during the hearing), and when we went up there, my hubby had our CDL's and SS's out and ready, so unlike other folks, he didn't have to fiddle with this wallet while she waited....we walked right up with them in hand, handed them to her and she actually said "thank you" and smiled
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