This may be a dumb question, but my 341 is 2 weeks from today and I haven't been asked for any information other than what was filed with the petition. Should I have heard something by now? I'm getting scared that I won't have the necessary paperwork.
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jacey...it seems like each court handles things a bit different....
we were a no asset chapter 7 and we filed and got tons of questions asked and answered prior to our 341 directly via the trustees office..
however, i have more people mentioned they heard nothing from the trustee's office than have...that being said, we had some complicated situations and i submitted so much back up paper work that my atty did not want to do, but i insisted...and it was extremely helpful in clearing many questions prior to the actual meeting...however, once again let me mention our situation had numerous complications and i purposly put up the "white" flag as to make certain all situations in question where made perfectly clear.
we were still asked some questions at the hearing...a few that i didn't even expect since they were already asked and answered, but think our trustee wanted it stated on the "open" record. she was very nice about it.
paper work question...we were told bring nothing they are working off what we submitted with the petition...i brought everything including the kitchen sink...the only thing we needed and was asked for was our id's...however, i have heard people being asked for more bank statements...why??? i'm not sure maybe they were asset cases or the trustee was reconsidering turning them into asset cases.
your atty, providing you are not going pro se should have a briefing with your prior to the 341......call the office if you don't hear anything a few days before and insist someone give you a break down of what to expect.
also...i don't have the threads now....but look up forum member gman's threads...he sat in on MANY 341's...just to give you an idea.
hope that helps a bit...you'll be fine..Last edited by tobee43; 02-16-2011, 09:46 AM.8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9
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Thank you, Tobee! I do have an attorney, but he doesn't seem very proactive. This is either because he knows my district and knows I have nothing to worry about, or he's super lazy and doesn't know what he's doing. I haven't figured that out yet, but boy I hope it's the first!Filed 1/31/11 341 3/2/11 Waiting for discharge........
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LOL!! i'm sure it is....however, if you feel it may be the laziness...i would begin calling the firms office asap...and explain you want a break down...
the reason i would start calling now...is if he is lazy you'll need to the two weeks to catch him...hope and sure that's not the case...but don't go in not certain. call.........you paid...after all and deserve these answers before you go to court.
8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9
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No news is good news, Jacey. I think you'll be alright.
I got over the queazies of this by googling "what to bring to 341 meeting Maryland" and found some great checklists (as well as this forum). In MD, I had to bring the bank statement after I filed to the meeting and show it to the trustee to confirm that what I had in the account on the day I filed was true, plus I had to bring my i.d.. My attorney brought all my paperwork I provided him to the 341.
Now here's the interesting thing about that. I used what I had on my check register in my filing. The statements never say that. I had to pull up my online account via my attorney's blackberry and show it to the Trustee.Chapter 7 filed 10/8/10...341 Meeting 12/6/10....Discharged 2/16/2011....Case Closed! 3/1/2011
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Unless the Trustee specifically requests something, or your attorney tells you otherwise, DO NOT BRING ANY PAPERWORK to your meeting, other than photo ID and your social security card. If at the meeting the Trustee decides he/she needs to see something they'll give you time to produce it after the meeting. Your attorney should already have gotten your most recent tax return and payment advices from you and will have provided these to the Trustee at least a week prior to the meeting. If the Trustee knows they want anything else they'll contact you prior to the meeting. You should have your attorney review the documents BEFORE you send them to the Trustee. Even if nothing is requested you should have at least a phone conference with your attorney prior to the meeting so he/she can run through the normal questions with you.
There's nothing worse than pulling out paperwork that your attorney hasn't reviewed and handing it directly to the Trustee.
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There's a list of what to bring in the Federal Rules of Bankruptcy Procedure 4002, but not every trustee asks to see the documents on this list. Some people bring everything just in case.
From FRBP 4002: Picture ID, evidence of SSN, current pay stub, statements for all depository and investment accounts, and tax returns.
Where you can read FRBP 4002: http://www.law.cornell.edu/rules/frbp/rules.htmThere are two secrets for success in life:
1.) Never tell everything you know.
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I never received any requests from the trustee prior to my 341. I was told by the court clerk when I filed to bring my driver's license and social security card, which I did. I also organized all my paperwork and brought it along to my 341, just in case....but I was not asked for anything.Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
New Job 7-2011
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