Usual disclaimer – I am neither you nor your attorney, so your mileage may vary. This is simply a recollection of my experiences, and I may have had a drink or two before writing this, so my info is not admissible in court. But, it might help you just a little.
Notes on the actual filing process:
- Know how and why you passed the Means Test. Wow, did I just say that out loud? You might think that was a non-issue, but I saw a lot of blank faces when I sat through a few dozen 341 hearings in preparation for my own. No kidding…you need to know the numbers, because the wrong thing to say to the Trustee is “what?” Frankly, the numbers you supplied your attorney and the numbers he/she actually submitted may be different, so get that straight before walking in to your hearing. In fact, get that straight before filing. There is usually a very good reason – just make sure you and your attorney are on the same page.
- Expect a note from the Trustee requesting documentation a week or two after filing…and act on that request fully, politely, and immediately. I recommend keeping copies of everything you submit, because stuff gets lost. All the time.
- If you have a question, ask your attorney.
- I have yet to see a reason to talk directly to the Trustee’s office, unless it is to confirm your paperwork arrived. And even that is iffy. If something is missing, you will hear about it at your 341 hearing, and if you take my advice you will have a copy of the missing paperwork in your binder, ready to hand over.
- Keep copies. I made three binders – one for the Trustee’s requested paperwork, an identical copy for the attorney, and one for me that had all the same stuff, plus anything else I could dream up (all my answers in case of any questions). It was organized and ready to go at my 341. It was also 4 inches thick. It was never opened, but I sure felt a lot better having that “blankie” with me. Again, being prepared will trump almost any gambit.
Notes on the 341 meeting:
- The chances of a creditor showing up is very slim, unless you have private debts or have charged something within 90 days of filing. Having creditors show up is largely a waste of time – mostly theirs – as the Trustee has likely already studied your file and has a path for it already determined (hopefully, no-assets, no distribution). An animated creditor in the room will make it more lively, but probably won’t change your outcome.
- Dress for it, business casual. Don’t think you can plead poverty by dressing in rags – the Trustee has seen it all.
- No kids. Period.
- Take the time to visit your meeting room before your meeting. If you can, sit in on a few 341 meetings before your own – if possible, go to the ones your own Trustee is holding. And the count yourself lucky – and smart – to have avoided the trap doors that a lot of people fall through (because you hired a GOOD attorney and planned your BK for several months, right?)
- The best answers at your 341 are Yes and No. The Trustee will ask a series of stock questions before (maybe) asking about some particulars about your file. Yes and No are the proper answers to most questions. “I have that here for you” is another good answer, hopefully that you will not have to use.
- Answer questions directly, with as little info as possible. If the Trustee has more questions, you will know immediately.
- BRING YOUR ID! Any questions, ask your attorney. And do that immediately, because if you have to get a replacement ID appropriate for the court, you typically cannot just go and get it – it can take time. So do it now, and don’t forget to bring it to your 341.
- Relax! The 341 will pretty much tell you whether you are home free. 90% of the cases are done right then and there – all that remains is the formal paperwork and the necessary waiting period (60 days) required by law.
- One last note – I gotta say it. Be nice to people around you. That includes your neighbors, friends, relatives, and even your ex. Because you don’t want any one of them showing up at your 341 or emailing your Trustee about something you did – real or imagined – to get the Trustee all ginned up. Remember that Tiffany wedding ring you “lost” just before your divorce so your ex didn’t get it in the settlement? The Trustee will ask about that, or the insurance settlement you received for your loss, or why it wasn’t reported to the police, or why your ex saw one looking just like it on the finger of your new friend. Or your friend will have a guilty conscience when you ask him to hide your vintage Macintosh audio equipment in his garage.
For most people, filing day or their 341 hearing mark the beginning of a new era. I slept better after my 341 even though I was still scared s#1tless that the Trustee would come get me for something I overlooked. But, once you see that Notice of No Distribution, you can uncork the (cheap) champagne and have a limited party. Only 60 days to go, plus a few more for the paperwork to clear!
Notes on the actual filing process:
- Know how and why you passed the Means Test. Wow, did I just say that out loud? You might think that was a non-issue, but I saw a lot of blank faces when I sat through a few dozen 341 hearings in preparation for my own. No kidding…you need to know the numbers, because the wrong thing to say to the Trustee is “what?” Frankly, the numbers you supplied your attorney and the numbers he/she actually submitted may be different, so get that straight before walking in to your hearing. In fact, get that straight before filing. There is usually a very good reason – just make sure you and your attorney are on the same page.
- Expect a note from the Trustee requesting documentation a week or two after filing…and act on that request fully, politely, and immediately. I recommend keeping copies of everything you submit, because stuff gets lost. All the time.
- If you have a question, ask your attorney.
- I have yet to see a reason to talk directly to the Trustee’s office, unless it is to confirm your paperwork arrived. And even that is iffy. If something is missing, you will hear about it at your 341 hearing, and if you take my advice you will have a copy of the missing paperwork in your binder, ready to hand over.
- Keep copies. I made three binders – one for the Trustee’s requested paperwork, an identical copy for the attorney, and one for me that had all the same stuff, plus anything else I could dream up (all my answers in case of any questions). It was organized and ready to go at my 341. It was also 4 inches thick. It was never opened, but I sure felt a lot better having that “blankie” with me. Again, being prepared will trump almost any gambit.
Notes on the 341 meeting:
- The chances of a creditor showing up is very slim, unless you have private debts or have charged something within 90 days of filing. Having creditors show up is largely a waste of time – mostly theirs – as the Trustee has likely already studied your file and has a path for it already determined (hopefully, no-assets, no distribution). An animated creditor in the room will make it more lively, but probably won’t change your outcome.
- Dress for it, business casual. Don’t think you can plead poverty by dressing in rags – the Trustee has seen it all.
- No kids. Period.
- Take the time to visit your meeting room before your meeting. If you can, sit in on a few 341 meetings before your own – if possible, go to the ones your own Trustee is holding. And the count yourself lucky – and smart – to have avoided the trap doors that a lot of people fall through (because you hired a GOOD attorney and planned your BK for several months, right?)
- The best answers at your 341 are Yes and No. The Trustee will ask a series of stock questions before (maybe) asking about some particulars about your file. Yes and No are the proper answers to most questions. “I have that here for you” is another good answer, hopefully that you will not have to use.
- Answer questions directly, with as little info as possible. If the Trustee has more questions, you will know immediately.
- BRING YOUR ID! Any questions, ask your attorney. And do that immediately, because if you have to get a replacement ID appropriate for the court, you typically cannot just go and get it – it can take time. So do it now, and don’t forget to bring it to your 341.
- Relax! The 341 will pretty much tell you whether you are home free. 90% of the cases are done right then and there – all that remains is the formal paperwork and the necessary waiting period (60 days) required by law.
- One last note – I gotta say it. Be nice to people around you. That includes your neighbors, friends, relatives, and even your ex. Because you don’t want any one of them showing up at your 341 or emailing your Trustee about something you did – real or imagined – to get the Trustee all ginned up. Remember that Tiffany wedding ring you “lost” just before your divorce so your ex didn’t get it in the settlement? The Trustee will ask about that, or the insurance settlement you received for your loss, or why it wasn’t reported to the police, or why your ex saw one looking just like it on the finger of your new friend. Or your friend will have a guilty conscience when you ask him to hide your vintage Macintosh audio equipment in his garage.
For most people, filing day or their 341 hearing mark the beginning of a new era. I slept better after my 341 even though I was still scared s#1tless that the Trustee would come get me for something I overlooked. But, once you see that Notice of No Distribution, you can uncork the (cheap) champagne and have a limited party. Only 60 days to go, plus a few more for the paperwork to clear!
Waiting for February 14 2011, date objections due. 
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