341...What To Expect?

[lilacs80]

jamiedavidg -- Thanks for sharing your experience. I'm nervous now just thinking about the 341. The initial paperwork and credit counseling is very overwhelming. I guess that sets the mood for the rest of the process! Now, that my 341 is around the corner, I'm super nervous so I really appreciate that you're taking the time to share your experience with me.

I was just curious about the bank statements only because my atty never asked us for any. He did ask us for our tax returns and pay stubs, but that's about it. So when I started to read online...some people were asked to provide 3 months and some were asked for 6 months, and my atty didn't ask me for any...I figured maybe the trustee will ask us for statements at the 341.

But you guys are pretty much done now right? I'm happy for you guys! I can't wait to be where you're at.

[jamiedavidg]

So your attorney didn't ask you for any copies of bank statements? Hmmm. I was asked for 'em right off the bat, and another couple that we know that filed a ch 13 were asked for 'em as well. The day that we filed, we were also asked for the balances in all of our accounts.
Actually, another couple that was there at the 341, seemed to be filing a ch 7 as well and the trustee asked them "I see that at the time you filed, you had $1000 in your bank account. Can you please explain the source of the money in the account..."

[epiphany]

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.

So Cal 341 is cake. Easy peasy. Don't sweat it.

ep

[ApresMoi]

I had not worked for longer than you and that never came up in the 341. Though the Trustee did ask someone else why they had not worked in so long. He also asked how they survived without income. He did not seem overly concerned. I was not asked for bank statements or any other documents. On the Schedules, I had listed food expense that was over the IRS allowed amount, and was not asked for receipts or questioned about that (I had the receipts with me just in case). The questioning was over in about 4 minutes...he had a list, and everyone was asked the same questions.

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

[ApresMoi]

it's nothing to be nervous about. just take with you anything you think the trustee might need to see. i would take bank statements (3 months worth, including your current statement) and your federal tax returns (at the very least). i also took receipts for any expense I listed on the Schedule that was over the IRS allowable amount. tax returns and bank statements were the two items he asked for most during the hour i sat there waiting to be called.

jamiedavidg -- Thanks for sharing your experience. I'm nervous now just thinking about the 341. The initial paperwork and credit counseling is very overwhelming. I guess that sets the mood for the rest of the process! Now, that my 341 is around the corner, I'm super nervous so I really appreciate that you're taking the time to share your experience with me.

I was just curious about the bank statements only because my atty never asked us for any. He did ask us for our tax returns and pay stubs, but that's about it. So when I started to read online...some people were asked to provide 3 months and some were asked for 6 months, and my atty didn't ask me for any...I figured maybe the trustee will ask us for statements at the 341.

But you guys are pretty much done now right? I'm happy for you guys! I can't wait to be where you're at.

[lilacs80]

ApresMoi -- Thanks for your replies. I'm going to start gathering the statements just in case they want it. We're not with the bank we used to bank with 6 months ago....so got to get statements from a couple of different banks.

[lilacs80]

I'm starting to look into the our 2nd credit/debt course. Turns out the site that we took our 1st course - the pre-filing course, doesn't offer the 2nd course but gave us a couple of referrals. I started to look online and the fees for the 2nd course varies from site to site. Any recommendations on reliable and reputable sites? I did get a recommendation from our atty, but just wanted to compare. Thanks!

[Blueboy]

Lilacs we used https://www.cfefa.org/, cost was only $15 total for both me and my wife. They will require a photo id be sent via fax or email prior to providing the certificates. I confirmed through the DOJ that this is a company approved to receive the photo id's for verification.

Check and make sure it is approved for your state. Here's a link to verify:

http://www.justice.gov/ust/eo/bapcpa/ccde/de_approved.htm

[lilacs80]

Blueboy -- Thanks for the links! I'm going to look at it tonight with my husband.


The site my atty recommended charges $55 for the course. Some of the referrals we got, courses cost anywhere from $35 to $55, depending on if it was joint filing or single filing. One of the sites only charges $35 and was referred to us by the pre-credit counseling site we took the 1st course with. It is approved by our state. I was going to just pay the $55 and take the course with the site my atty originally recommended to save myself the hassle. Now, I'm thinking maybe I should go with the $35.

Oh, and I saw a site that charges $50 per filer! That would be $100 for both me and my husband! Yikes!

[doron]

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

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What does this mean? How do you pay your food, rent etc. the next month if creditors can take your cash away? I haven't yet seen a lawyer so I'm very new to this, but could you clarify that? Thanks.

[lilacs80]

What does this mean? How do you pay your food, rent etc. the next month if creditors can take your cash away? I haven't yet seen a lawyer so I'm very new to this, but could you clarify that? Thanks.

That is a good question! I was thinking about this too. If I only have a $600 allowance, and the creditors take anything over $600, how can I pay rent!?!

[Blueboy]

that applies to cash on hand(in the bank) at the time of filing. Pay your bills with MO or do it far enough in advance for the checks to clear your account.

[doron]

So you're saying basically pay rent and utilities for two months instead of one as usual. Then a month later I assume you are again allowed to have more than $600. Is that the case?

And does "bank" include Paypal? I imagine it does...

[lilacs80]

that applies to cash on hand(in the bank) at the time of filing. Pay your bills with MO or do it far enough in advance for the checks to clear your account.

Oh I got it! We've already filed and it seems that haven't taken our money or freeze our funds.

[Fallonedward]

that applies to cash on hand(in the bank) at the time of filing. Pay your bills with MO or do it far enough in advance for the checks to clear your account.

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So at the time you file, you should probably pay in advance your house payment, car payment, car insurance, grocery bill and utitility bills...

wow, this is good info thanks