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I Had My 341 Today!

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    #1

    I Had My 341 Today!

    Not that bad at all, like all of you told me. The trustee only questioned the value of my car and my filing of federal exemptions. Once it was explained why I couldn't use either my current state's or last state's exemptions, she asked my attorney for a copy of the legal precedent.

    My attorney said he would send it to her, and then we were done. Less than 5 minutes. After my turn, my attorney and I were speaking in the hallway. I mentioned to him that I had the legal precedent copy with me that he filed under. He smiled wide, asked me for it, and gave it right then to the trustee. I am so glad I brought all my paperwork with me.

    Looks like everything should go through without a hitch. Let's keep those fingers crossed.

    Thank you everyone for support and advice. I will continue to visit the boards, and update my case as it changes.
    Filed: 3/7/06
    341: 4/3/06
    Last Day for Objections: 6/2/06
    Discharged: 6/9/06
    Case Closed: 6/15/06
    Tags: None
    #2
    Glad to hear everything went good. Please keep us posted. My meeting has been rescheduled for april 25th wish me luck!!!!

    Comment

      #3
      Congrats on everything going well for you today, Titan.

      Just curious,............... But why weren't you eligible for State Exemptions either way?? Was it the 180 day residency requirement thing??
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment

        #4
        Originally posted by SinkingFast
        Congrats on everything going well for you today, Titan.

        Just curious,............... But why weren't you eligible for State Exemptions either way?? Was it the 180 day residency requirement thing??
        Yes it was. I moved in July 2005 from FL to TN. To use TN exemptions, you have to live here 2 years. To use FL exemptions, you have to actually live in FL. I don't live/haven't been in FL since July 2005, so I could not be reverted back to their exemptions. Therefore, federal exemptions are the only ones that apply.

        Now I just need to wait out the 60 days and hope the trustee doesn't try to make an example of my situation. I think the court precedent should hold up, but I won't count this chicken until it's hatched.
        Filed: 3/7/06
        341: 4/3/06
        Last Day for Objections: 6/2/06
        Discharged: 6/9/06
        Case Closed: 6/15/06

        Comment

          #5
          Originally posted by notme
          Glad to hear everything went good. Please keep us posted. My meeting has been rescheduled for april 25th wish me luck!!!!
          Lots of luck to you, notme.
          Filed: 3/7/06
          341: 4/3/06
          Last Day for Objections: 6/2/06
          Discharged: 6/9/06
          Case Closed: 6/15/06

          Comment

            #6
            Congrads on getting that 341 over and having all the info with you that your needed to finish it up.

            Sit down, relax prop you feet up and play the waiting game for the next 60 days.

            Hopefully all will go well for you.

            Keep us posted.
            Minny

            "It's amazing the paths that our feet sometimes follow in life".

            My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

            Comment

              #7
              Originally posted by Minnymouth
              Congrads on getting that 341 over and having all the info with you that your needed to finish it up.

              Sit down, relax prop you feet up and play the waiting game for the next 60 days.

              Hopefully all will go well for you.

              Keep us posted.
              Thanks, Minny. Any new developments on your case? That seems like a record Guinness would be proud of. I feel for you, it must be driving you crazy.
              Filed: 3/7/06
              341: 4/3/06
              Last Day for Objections: 6/2/06
              Discharged: 6/9/06
              Case Closed: 6/15/06

              Comment

                #8
                Originally posted by Titan
                Yes it was. I moved in July 2005 from FL to TN. To use TN exemptions, you have to live here 2 years. To use FL exemptions, you have to actually live in FL. I don't live/haven't been in FL since July 2005, so I could not be reverted back to their exemptions. Therefore, federal exemptions are the only ones that apply.

                Now I just need to wait out the 60 days and hope the trustee doesn't try to make an example of my situation. I think the court precedent should hold up, but I won't count this chicken until it's hatched.
                You're like me. We, the kids and I, moved here officially on August 1, 2005. But the attnys say it's over 180 days since I moved so I use the old State's exemptions.

                I got the impression, because the attnys kept asking when I moved, if I'd been here less than 180 days, I'd have to use the Federal Exemptions.

                So even tho you moved last summer too, your attny put you in with the Federal Exemptions. Hummmmm....... Interesting. Different attnys, different interpretations.
                Filed Ch 7 - 09/06
                Discharged - 12/2006
                Officially Declared No Asset - 03/2007
                Closed - 04/2007

                I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                Comment

                  #9
                  Originally posted by SinkingFast
                  You're like me. We, the kids and I, moved here officially on August 1, 2005. But the attnys say it's over 180 days since I moved so I use the old State's exemptions.

                  I got the impression, because the attnys kept asking when I moved, if I'd been here less than 180 days, I'd have to use the Federal Exemptions.

                  So even tho you moved last summer too, your attny put you in with the Federal Exemptions. Hummmmm....... Interesting. Different attnys, different interpretations.
                  My attorney is supposed to mail me another copy of the precedent case. I can PM it to you when I receive it. Did you move away from a state that requires you to live there to claim the exemptions? If you did, you would be in the same situation as I am.
                  Filed: 3/7/06
                  341: 4/3/06
                  Last Day for Objections: 6/2/06
                  Discharged: 6/9/06
                  Case Closed: 6/15/06

                  Comment

                    #10
                    Titan,

                    Nothing new on my case - still playing cat and mouse, and the waiting game on the Trustee --- 525 days and still counting so far.

                    Makes me crazy, but deal with it...... he's holding out looking for lawsuit monies.....

                    Shortly I will petition the Court to close my case.... no reason for him to keep it open...... if I get no results I will petition the Attorney General in Washington....

                    I think this "game" has gone on long enough, and I think I have been a "victim of the Court" long enough....

                    Will keep you posted in the future of any changes...

                    Minny THE STRONG SURVIVE!!!!!!!!!!!
                    Minny

                    "It's amazing the paths that our feet sometimes follow in life".

                    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

                    Comment

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