Observations on 341 hearings

[parsoc48]

I wanted to observe some 341 hearings before ours on May 8, so sat through a few this week. They were all C7's however, so they may not be a good indication of our C13. The hearing officer (not sure the exact title) is a local attorney. The process was pretty informal with some humorous moments thrown in.
The debtors showed their CDL and SSA card, the hearing officer returned previously submitted paperwork (tax returns I think, but mostly paystubs). They were put under oath, asked some questions re the information in the petition now and at the time of filing, transfer of property in last 6 months, any monies owed to them, any owing of child support/alimony. It was over in probably 2 minutes, 3 tops!
I was interested if there was any mention of the stimulus tax refund and it only came up twice....both times the situation was a little complicated and in place of trying to put a value on some stock in a company and working for the employer for free, the debtor agreed to turn over the refund. I couldn't hear a lot of what was said but most of the cases were pretty straigtforward.
Two creditors appeared, one of them for 2 different cases, but again, I couldn't hear where she was from. The other creditor was representing the lender on a car loan and it was just to confirm that the vehicle was being surrendered and make arrangements for that.
I'm less anxious now, I would suggest it for others waiting for their 341.

[wayovermyhead]

I wanted to observe some 341 hearings before ours on May 8, so sat through a few this week. They were all C7's however, so they may not be a good indication of our C13. The hearing officer (not sure the exact title) is a local attorney. The process was pretty informal with some humorous moments thrown in.
The debtors showed their CDL and SSA card, the hearing officer returned previously submitted paperwork (tax returns I think, but mostly paystubs). They were put under oath, asked some questions re the information in the petition now and at the time of filing, transfer of property in last 6 months, any monies owed to them, any owing of child support/alimony. It was over in probably 2 minutes, 3 tops!
I was interested if there was any mention of the stimulus tax refund and it only came up twice....both times the situation was a little complicated and in place of trying to put a value on some stock in a company and working for the employer for free, the debtor agreed to turn over the refund. I couldn't hear a lot of what was said but most of the cases were pretty straigtforward.
Two creditors appeared, one of them for 2 different cases, but again, I couldn't hear where she was from. The other creditor was representing the lender on a car loan and it was just to confirm that the vehicle was being surrendered and make arrangements for that.
I'm less anxious now, I would suggest it for others waiting for their 341.

You can just go to the court house and do this? So I can go to downtown Detroit without having a set meeting walk into the court room and listen to this? I would go if this is legit

[DivorceRuinedMe]

You can just go to the court house and do this? So I can go to downtown Detroit without having a set meeting walk into the court room and listen to this? I would go if this is legit

Yes you can. Anybody can observe a 341 meeting. It's open to the public.

[kornellred]

My 341a meeting was conducted in a private room behind closed doors. There were over 50 people in the waiting room. The trustee had 2 assistants, as well as he himself, conducting the meetings. I got the actual trustee when my name was called.

There is no time for third-degree questioning - just the basics. If there is anything amiss they (the trustee and staff) will find it before confirmation - you can count on it.

[parsoc48]

The hardest part was just finding out when they were being held; there were no calendars posted at the meeting room like I'm used to in the county courthouse and there was nothing on the website. I just called my attorney's office and the BK asst. told me what days and times. At least you'll have an idea of what it's like, I highly recommend it. Of course if you're in a place that has the private room (like kornellred) it won't do you much good, but at least you'll know where it is and how to get there!

[wayovermyhead]

Ok went to watch 341 meetings yesterday, stayed for 3 of them. The first one I almost cryed for the guy. They put him through hell! And he had a creditor show up! YIKES that was scarry

Second one, she didnt speak loud enough so the trustee was like SPEAK UP I CANT HEAR DIDNT YOU HEAR ME SAY THESE WHERE TAPPED, really loud and scary YIKES

Last one, not so well either, lots of question, questions to the 3rd degree!


Uggg Im scarred

[tallberry]

wow, wayovermyhead, I don't know what state you are in but I just had mine yesterday in the middle district of FL and it was nothing like that. Our trustee was very pleasant, asked very basic questions and even joked a bit (because it was hot in there), and then it was over. I sure hope you don't get the trustee you saw, if so, come with every last possible piece of information and study it like there is no tomorrow.

[soleprop]

i think it'd be good to have a 'trustee rating' thread on here. members would post their state and rate their experience with their trustee (who should probably remain nameless). that way we can prepare for our state/trustees/the way our local systems treat the 341. thoughts?

[sunshine mary]

I think that is a good idea sans the trustees names of course.

[Gerry]

But many districts have multiple trustees (with perhaps multiple personalities - haha, couldn't resist).

[newbeginning]

Wow, had no idea that 341 hearings were public. Still preparing to file for C7. It would be a little disconcerting to see someone in the "audience" that I knew .

[Flamingo]

Wow, had no idea that 341 hearings were public. Still preparing to file for C7. It would be a little disconcerting to see someone in the "audience" that I knew .

There were Chapter 7s and Chapter 13s when we had our hearing. It was in a large courtroom and it appears all the filers there were grouped with our attorney and another attorney listed that day on the docket; so we were all called in groups associated with that particular attorney. We were all put in the large courtroom and called one by one to a large table in the front and the other folks sitting behind us in the area where the public sits for court cases. Whether or not non-involved public was there, I have no idea. But there were many filers there filling the entire back section of the courtroom. We were called up, had to provide photograph ID and our SS cards. Were were advised it was being taped and the state also had a Division of Revenue (tax) representative there for any folks who were filing and owed state taxes. There were creditor reps there also, but none associated with us - they were waiting inside or out in the hallway. We watched some couples get grilled while some just sailed right through and we watched a few where the creditor reps were involved. I would just sit and squirm knowing we would be going up shortly. We were done in less than 5 minutes (we had a marvelous attorney) and it was obvious our attorney had a great relationship with that trustee. They were on a first name basis and very friendly and very nice to us during our time at that table.

If one has the opportunity in their district to view these meetings, it would take the edge off your day in the limelight. I don't believe all states/districts allow the public in with today's security restrictions but it never hurts to call the BK Clerk in your District to inquire, or ask your attorney.

[gymbofreak]

whos your trustee? Thats my district as well, mines for jax

wow, wayovermyhead, I don't know what state you are in but I just had mine yesterday in the middle district of FL and it was nothing like that. Our trustee was very pleasant, asked very basic questions and even joked a bit (because it was hot in there), and then it was over. I sure hope you don't get the trustee you saw, if so, come with every last possible piece of information and study it like there is no tomorrow.

[tallberry]

gymbofreak, I'm in Tampa, not jax. I'm assuming we would not have the same pool of trustees but mine had the initials cc. It wasn't just us she was nice to either...everyone we saw before us was treated very respectfully, as well.

[gymbofreak]

Thank you, yes different groups of trustess..