Hey ya'll! So this is long overdue but I wanted to report on my BK journey so far and where I'm at now. After going back and forth for what seems like forever, I FINALLY filed BK (Ch.7) in late July. I was a simple no asset case and could have filed Pro Se w/o any problems, but I decided to hire an attorney anyways because I didn't want to risk messing up anything, not turning in the right paperwork, missing deadlines, etc. My attorney gave me my 341 date the day after they filed my petition. I had a 5 and a half week wait between my filing and the meeting. (I think that's pretty average nowadays.) Before I talk about how the meeting went, I want to say THANK YOU to everyone on here. This forum has helped me tremendously. It has also been both a total blessing and a curse (at times.) I have spent a lot of time on here reading the "super great" 341 meeting threads as well as the "OMG AAAHHHH I HATE MY LIFE!!!" 341 threads. I honestly worked myself up to the point where I wasn't sleeping/stopped eating/had heart palpitations etc. My fault, of course, but I always expect the worst. OK....so on to the meeting. The 341 meeting was SOOOOOOO DIFFERENT than I ever imagined. I cannot believe how incredibly informal it was. I'm still in shock. I was expecting a very "courthouse", formal setting but what I stepped into was more like a glorified DMV office at best. When I finally found the room that I was supposed to go into, I thought I was in the wrong place. I could see through the (clear) door 6 rows of chairs (set up like in a DMV office) and a plain brown table with the trustee in the front. I didn't see my attorney in the room so I wasn't sure if I was able to just walk right in while a couple in the front were in the middle of their meeting. I waited outside for about 3 minutes and then people just started coming in and out so I just went inside and took a seat in the back. NO ONE except the attorneys were dressed formal. Lots of jeans, tshirts, shorts, etc. I wore a nice pair of jeans and a sweater with some casual shoes as I don't own any nice shoes and I certainly wasn't going to buy a pair just for this meeting. I felt overdressed after looking at everyone. In case anyone doesn't know, the time you are given is NOT the time you will be called. The times are actually in blocks. My time block was for 11:00am. That just meant that I wouldn't be called till at least then but it could be anytime between 11:00-12:00. My attorney showed up about 10 minutes before we were called up. Oh, BTW, I had never met this attorney before as he was the one from the law firm that does all the 341 meetings. He was nice as could be and I couldn't have asked for a nicer guy. He explained to me that the trustee that was assigned to me was "the nicest trustee you could ever hope for" so that definitely made me at ease. She was very friendly with everyone, smiled, but was VERY thorough with the more complex cases. A couple (with their lawyer) apparently had their petition all jacked up and she asked them why A, B and C hadn't been amended as she requested previously. Their lawyer kind of went "Errmmm...ugh..." She said he had 10 days to get it back to her or the case would be dismissed. A few cases later, my attorney and I were called up. I handed my license and SS card to him who then handed it to the trustee and she verbally confirmed both. She then had me raise my right hand and told me that I was under oath. The questions that were asked of me were:
1) Please state your name
2) Have you moved since you filed your petition?
3) Have you read the BK notice on the door?
4) Do you understand it?
5) Have you ever filed BK before?
6) Is your petition correct?
7) Do you have any credit cards that you have recently or currently use at this time?
8) Do you have any claims against anyone that would entitle you to money now or in the future?
9) Is your tax return correct?
10) Any creditors present?
11) This completes this meeting. Thank you and good luck.
I was in the chair for 90 seconds at most. I almost said "Is that it?" because it was just....so simple! I almost started crying as I was getting out of the chair to leave. This incredible sense of relief just washed over me and I just couldn't believe I was done. My report of "No distribution" hit Pacer the following afternoon. I'm in the "60 day club" and although I'm not discharged yet, I feel like my life is already starting over-in the most awesome way possible. No more calls, no more letters, no more crap. I wanted to include some (common sense) tips for those who are still on their BK journey.
1) It's easy for me (and others) to say "don't worry" because we have now been there and done that. But it's almost next to impossible to feel that way until you have finally crossed that bridge. It's natural to be scared and wonder "what if" and all the nervousness that comes along with having to file. But I can now look back and see how much freaking time I wasted scaring the crap out of myself. And what did it do? Nothing. Not a damn thing. Well, except make me physically ill and give me insomnia. You WILL worry but please just realize that this is not the end of the world and all the worrying is not going to change a damn thing. It won't make your case go smooth, it won't make it more difficult, it won't do anything but eat at you and make you go crazy in the process. PLEASE try to take it easy and realize that life does go on and it will be over before you know it.
2) BE HONEST. The stress of filing is already burdensome enough that you don't need to add any undue stress to the situation. The satisfaction and ease and relaxation you feel from being honest and knowing that you don't have to worry about getting your case dismissed is 100x better than the feeling you will have from keeping whatever trinket you are hiding/wanting to hide. Chances are, as long as you don't have 30K fur coats and diamonds and Picasso's in your living room, there's probably a way to keep what you have. AND, if you do have those things, why in the hell are you filing anyways?
3) For the love of all that is holy-BE PREPARED AT YOUR 341 MEETING!!! There were SEVEN, yes SEVEN people who came WITHOUT either their license or SS card or both. Come on people! Seriously? This is the MOST IMPORTANT part of the BK process. I just can't believe ANYONE comes unprepared. This one attorney had 3 clients that forgot to bring both so they had to run home and get them. The trustee was nice about it and said as long as they were back by 1:00, she could do their meeting. The attorney was NOT a happy camper and rightfully so. So, do everyone a favor and don't forget your stuff!
4) Take advantage of free consultations!! I saw maybe 3 or 4 lawyers before deciding on this law firm. They were a bit more pricey but their precision and expertise made this a lot more easy. There were some lawyers I saw that were a complete joke. Trust your gut. If you walk out of there not feeling 100%, don't do it. Remember, you get what you pay for. If you cannot afford an attorney, try to get as much information as you can during your consults as well as using this forum. Both are invaluable. Also, many lawyers will accept payment plans so you don't necessarily need to drop 1- 2K all at once.
Well, that's all I know, folks. Hope this thread was helpful to some of you.
1) Please state your name
2) Have you moved since you filed your petition?
3) Have you read the BK notice on the door?
4) Do you understand it?
5) Have you ever filed BK before?
6) Is your petition correct?
7) Do you have any credit cards that you have recently or currently use at this time?
8) Do you have any claims against anyone that would entitle you to money now or in the future?
9) Is your tax return correct?
10) Any creditors present?
11) This completes this meeting. Thank you and good luck.
I was in the chair for 90 seconds at most. I almost said "Is that it?" because it was just....so simple! I almost started crying as I was getting out of the chair to leave. This incredible sense of relief just washed over me and I just couldn't believe I was done. My report of "No distribution" hit Pacer the following afternoon. I'm in the "60 day club" and although I'm not discharged yet, I feel like my life is already starting over-in the most awesome way possible. No more calls, no more letters, no more crap. I wanted to include some (common sense) tips for those who are still on their BK journey.
1) It's easy for me (and others) to say "don't worry" because we have now been there and done that. But it's almost next to impossible to feel that way until you have finally crossed that bridge. It's natural to be scared and wonder "what if" and all the nervousness that comes along with having to file. But I can now look back and see how much freaking time I wasted scaring the crap out of myself. And what did it do? Nothing. Not a damn thing. Well, except make me physically ill and give me insomnia. You WILL worry but please just realize that this is not the end of the world and all the worrying is not going to change a damn thing. It won't make your case go smooth, it won't make it more difficult, it won't do anything but eat at you and make you go crazy in the process. PLEASE try to take it easy and realize that life does go on and it will be over before you know it.
2) BE HONEST. The stress of filing is already burdensome enough that you don't need to add any undue stress to the situation. The satisfaction and ease and relaxation you feel from being honest and knowing that you don't have to worry about getting your case dismissed is 100x better than the feeling you will have from keeping whatever trinket you are hiding/wanting to hide. Chances are, as long as you don't have 30K fur coats and diamonds and Picasso's in your living room, there's probably a way to keep what you have. AND, if you do have those things, why in the hell are you filing anyways?
3) For the love of all that is holy-BE PREPARED AT YOUR 341 MEETING!!! There were SEVEN, yes SEVEN people who came WITHOUT either their license or SS card or both. Come on people! Seriously? This is the MOST IMPORTANT part of the BK process. I just can't believe ANYONE comes unprepared. This one attorney had 3 clients that forgot to bring both so they had to run home and get them. The trustee was nice about it and said as long as they were back by 1:00, she could do their meeting. The attorney was NOT a happy camper and rightfully so. So, do everyone a favor and don't forget your stuff!
4) Take advantage of free consultations!! I saw maybe 3 or 4 lawyers before deciding on this law firm. They were a bit more pricey but their precision and expertise made this a lot more easy. There were some lawyers I saw that were a complete joke. Trust your gut. If you walk out of there not feeling 100%, don't do it. Remember, you get what you pay for. If you cannot afford an attorney, try to get as much information as you can during your consults as well as using this forum. Both are invaluable. Also, many lawyers will accept payment plans so you don't necessarily need to drop 1- 2K all at once.
Well, that's all I know, folks. Hope this thread was helpful to some of you.
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