Report on 341 Hearing today
Well, WOW! I'm glad it's over, but it was very stressful.
There was one lady ahead of us who told the trustee she had spent her tax return to pay back her parents for an air conditioning/heating unit they had bought for her when hers died. As soon as she said it, I thought, "OH NO! That's going to be a problem!" Sure enough, the trustee told her that she had made a preferential payment and would have to give the court her parents' address, etc.. That was not good!
One guy's attorney didn't show. Multiple people's attorneys showed but said their clients weren't present. Many continuances.
One guy took 20 minutes with questions from the Trustee about an RV business, land that was sold to a friend who he now works for, life insurance payable to his kids, etc. It sounded like a very complicated case, but I got the feeling the guy was being dishonest. I think the Trustee did, too, because she kept asking more and more questions!
Then it was our turn. We had to show drivers license and ss cards and take the "I will not lie"-oath. Then we sat with our attorney. We had to fill out a form before the meeting started that had the standard 30 questions about things like if we'd made any payments, transferred any money, understood all the paperwork, were in the middle of any lawsuits, divorce, etc...
After that, the trustee asked a few questions about our petition. She focused on two things: PG&E and medical. She asked, "Do you REALLY pay $651.00/mo for gas and electric?" I answered, "We're on the level payment plan with PG&E, and this is what our payment has been for almost 3 years now." Our lawyer made a joke about how we couldn't even blame the smart meter for that! (He's right. Our house is an electricity guzzler!)
Then, she asked if the total of our out-of-pocket expenses for medical were $620.00, and I said, "Yes, that is correct." (Which it is. $620.00 was the average over the last 12 months. I included a printout of the exact expenses for proof when giving it to my lawyer.)
Then she said, "And, is this number correct? In addition to your out-of-pocket medical expenses, you pay $2,360.00 a month for medical insurance? How long have you paid that?" I answered, "Yes. When I got sick and lost my job, we lost my insurance, too. So, we had to purchase insurance directly through my husband's company, and that's how much it cost." She interjected, "...including your pre-existing condition," and I said, "Yes, and our youngest son has a pre-existing condition, as well. We've been paying it since January." She said, "Okay, I will be keeping your documents. Case closed."
I asked our lawyer (after we left) if it was normal to keep our documents, and he said it wasn't. He thought she was keeping them in case the US Trustee has any questions in the next 10-15 days. Our case is unusual in that we petitioned to have the "look-back" dates reset (and were approved for that), and we have this unusually high medical expense. So, he thought she was keeping them to cover herself in case the US Trustee has questions. He also said that the US Trustee had requested information from him earlier in the week, and after he provided it and talked to him, he seemed content. He said if there had been any concerns, the US Trustee would have shown up at the 341 today, but since he didn't, he (the lawyer) feels confident that we're good to go.
So, everyone cross your fingers! We're in the 60 day club!
Peace
There was one lady ahead of us who told the trustee she had spent her tax return to pay back her parents for an air conditioning/heating unit they had bought for her when hers died. As soon as she said it, I thought, "OH NO! That's going to be a problem!" Sure enough, the trustee told her that she had made a preferential payment and would have to give the court her parents' address, etc.. That was not good!
One guy's attorney didn't show. Multiple people's attorneys showed but said their clients weren't present. Many continuances.
One guy took 20 minutes with questions from the Trustee about an RV business, land that was sold to a friend who he now works for, life insurance payable to his kids, etc. It sounded like a very complicated case, but I got the feeling the guy was being dishonest. I think the Trustee did, too, because she kept asking more and more questions!
Then it was our turn. We had to show drivers license and ss cards and take the "I will not lie"-oath. Then we sat with our attorney. We had to fill out a form before the meeting started that had the standard 30 questions about things like if we'd made any payments, transferred any money, understood all the paperwork, were in the middle of any lawsuits, divorce, etc...
After that, the trustee asked a few questions about our petition. She focused on two things: PG&E and medical. She asked, "Do you REALLY pay $651.00/mo for gas and electric?" I answered, "We're on the level payment plan with PG&E, and this is what our payment has been for almost 3 years now." Our lawyer made a joke about how we couldn't even blame the smart meter for that! (He's right. Our house is an electricity guzzler!)
Then, she asked if the total of our out-of-pocket expenses for medical were $620.00, and I said, "Yes, that is correct." (Which it is. $620.00 was the average over the last 12 months. I included a printout of the exact expenses for proof when giving it to my lawyer.)
Then she said, "And, is this number correct? In addition to your out-of-pocket medical expenses, you pay $2,360.00 a month for medical insurance? How long have you paid that?" I answered, "Yes. When I got sick and lost my job, we lost my insurance, too. So, we had to purchase insurance directly through my husband's company, and that's how much it cost." She interjected, "...including your pre-existing condition," and I said, "Yes, and our youngest son has a pre-existing condition, as well. We've been paying it since January." She said, "Okay, I will be keeping your documents. Case closed."
I asked our lawyer (after we left) if it was normal to keep our documents, and he said it wasn't. He thought she was keeping them in case the US Trustee has any questions in the next 10-15 days. Our case is unusual in that we petitioned to have the "look-back" dates reset (and were approved for that), and we have this unusually high medical expense. So, he thought she was keeping them to cover herself in case the US Trustee has questions. He also said that the US Trustee had requested information from him earlier in the week, and after he provided it and talked to him, he seemed content. He said if there had been any concerns, the US Trustee would have shown up at the 341 today, but since he didn't, he (the lawyer) feels confident that we're good to go.
So, everyone cross your fingers! We're in the 60 day club!
Peace
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