341 Meeting the Day after Tomorrow

[alorth]

Looking forward to getting it over with. Its been a slow 2 months waiting since filing.

Our atty. called last week and had received a letter from the US Trustee that they needed some additional documentation, such as the last 2 years' tax returns, and a copy of every pay stub over the last 6 months before the filing to investigate the Means Test (which we passed, but are significantly over median).

We have not officially been challenged on it yet, but our atty. thinks they may be gearing up to do so. He is still confident that we would be successful in fighting such a challenge.

The waiting will begin after the 341, I guess. Our atty. was more concerned that the case would be scrutinized by the "head" US Trustee in the area because of the income level, than simply by the trustee assigned to our case. So it seems he is/was right.

Luckily, I guess, we are in no way fudging any numbers and in fact are still basically treading water, even though we aren't paying CC bills, and haven't for nearly a year. I have no idea where they would begin to say we could formulate a repayment plan under 13.

The real drawback, though, will be the extra money that will have to go to the attorney to fight a challenge. It will pretty much bleed the little amount of savings we have dry, should it happen. And right at the Holidays.

Tough year. Fingers are crossed.

[donnao]

Fingers crossed, Good luck! Please let us know how it goes.

[HighUnder]

Sending positive thoughts your way. The very best of luck to you!

[ValleYum]

Hang in there!! At this point it is what it is. You know your info and documentation is rock solid and I am hoping the UST sees that, too.

We were almost 30% over median income and sailed through after some info was provided by our attorney to the UST before our 341. We never heard anything else.

Sending my best wishes for a smooth 341 your way! Please keep us posted!!

[IamOld]

alorth BEST WISHES your way old chap (or old girl :-) My stomach is in knots for you :-)

Sounds like though your atty knows what he's doing!!!!!

[AngelinaCat]

Good wishes and prayers go forward with you!! Please report back and let us know how it goes.

[alorth]

The report of our 341 meeting.

Our atty. met us before going into the Fed. CourtHouse. Just tried to relax us, said everything should be smooth as far as he was expecting. It was a cold, rainy day here. Our Courthouse is old. It took me several times to get through security, thanks to my belt buckle! Finally, after taking my shoes off, my belt off, and completely emptying my pockets of everything, I MADE IT IN, while everybody around me was annoyed, I'm sure! LOL. Just like going on an airplane. Not exactly relaxing.

The trustee room was really 2 rooms....a small waiting area, and a small interview area, door left open between them. There were several others in there, waiting. Our atty. went in to talk to the TT, and then he waved us in...so we went first! I had not looked at the docket order, but I guess we were going to be 2nd, so somehow we went to the front of the line. Our atty. does represent many TTs in other proceedings, so I don't know if that had anything to do with it, or not. He had told us he expected it to go quick, and that he had another obligation that morning, so I guess he made sure it would go quick.

No creditors appeared, it had just turned 9 am, so away we went with the interview.

The TT was very professional and polite. He did throw us 2 curveball questions I wasn't exactly fully prepared to hear, but we were prepared to answer once referring to our paperwork, so all was good. One of the questions had to do with healthcare expenses and additional deductions on the schedule...j(?)...I think, that was in addition to the deductions from the paychecks, which he questioned, but which we were/are able to validate. The other was asking us if we had tried to sell our timeshare before deciding to surrender it. We owed much more on the Timeshare than they were going for online at the same resort, I mean MUCH MUCH more, and a lot of those Timeshare sales places are scams, so we just didn't even try.

Other than that, though, everything was pretty much like I read on the moran law website. He finished up within 10 minutes, wished us luck, and sent us on our way. No questions about filing 7 even though well over Median income. Did ask why were filing, but that was easy for us to answer, actually!

Our atty said he thought everything went fine. Now its just a waiting game to see if the US TT has anything additional, or whatever. No idication one way or the other, but our atty says don't worry about something like that happening before it happens. We will deal with an adversary proceeding if and when the time comes, but the 60 day clock (give or take) is ticking. Hurray.

[ValleYum]

Ticking right along with you!!! Yay! It sounds like it went okay, though.

I think your UST has to say something by Thanksgiving Day i order to file an objection...

Keep us in the loop!!