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Am I being nuerotic and will it raise flags?

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    Am I being nuerotic and will it raise flags?

    I am extremely organized.

    I have a folder that has all statements of:

    1- Utilities
    2- secured debt
    3- Unsecured debt
    4- Health insurance costs
    5- Term policies
    6- Tax returns going back however long anyone needs them.
    7- Bank accounts from every institution.

    I am only about 60 days late on some cards, less on others so I am a while away from filing due to insider payment made in 3/08.

    I am above median with above average unsecured debt ($200,000 or so).

    As I read more and more I feel as though I am in an investigative situation for a Trustee so I am getting ready to present everything in an organized manner.

    I have a list of household items and I am going to get values off of EBAY.

    I have nothing to hide, no purchases for nearly 7 months, no cash advances, no transfers of property, nothing. Just looking for relief for a variety of reasons. ( loss of income, lawsuits etc.)

    Meeting with my attorney in a week or so after I do my taxes (Today).

    Question is:

    Do I take this massive folder to a 341?

    When you are this prepared has anyone encountered suspicious Trustees who infer something or are they more likely to look at you as someone who is accurately representing the issues?

    I tend to think that as in an IRS audit the more info you give them the better but is this different?

    Thanks
    Very fortunate in the grand scheme of things but have learned my lesson.

    Filed 12/15/08, 341 1/12/09, Cont to 2/12/09, cont to 3/12/09, cont to 4/15/09, cont to 5/11/09, cont to 6/02/09. Discharged 9/16/09, Closed 10/23/09

    #2
    I'd give them what they ask for and nothing more. You don't want them looking at everything and raising questions about this and that. Just like an IRS audit, don't volunteer information. But do supply what they ask for.

    Comment


      #3
      Have your "folder" ready to take to the attorneys office and to use to fill out your package from your attorney.

      If the attorney wants copies, let him make copies, keep your originals.

      You can take your folder to 341, but don't use unless asked for. Being prepared is a good thing!! You don't want to be asked for information and then be in a "tizzy" trying to find it and bring it back to another meeting.

      Let us know how it goes with your attorney when you do get ready to file.
      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


        #4
        Originally posted by BK2008 View Post
        I'd give them what they ask for and nothing more. You don't want them looking at everything and raising questions about this and that. Just like an IRS audit, don't volunteer information. But do supply what they ask for.
        This is exactly what my husband told me yesterday as I was compiling this same list for our atty. He said fill out the packet, send it in, and then if/when he asks for something provide it. Don't overthink it, and by all means, let the atty do the work!

        Comment


          #5
          Lajazz, you will probably receive a letter from the trustee guiding you on what to bring to the 341 (I did). I brought what was on the list and nothing more. He never asked me for additional paperwork. Check with your attorney and see if that is what your particular trustee does.

          Comment


            #6
            You are not neurotic... just very, very smart. I don't know about your district, but in ours I'd give you a 99.9% chance of being looked into by the UST. I'd bring all of it to the 341 meeting (we were asked for some items like these), but keep it put away unless it's specifically asked for. If the UST does ask for additional documentation during or after your 341 you're ahead of the game and able to get it to them quickly. It also gives you more time to skim those statements, highlight any transactions that stand out and to think about how best to explain them.

            Maybe your district is overloaded and you'll have a cakewalk 341 hearing. If not, you'll be so glad you already have these things on hand!

            Comment


              #7
              Thanks, I am in Southern California and from what I understand we are among the highest in BK's.

              Hopefully they are swamped when we file.
              Very fortunate in the grand scheme of things but have learned my lesson.

              Filed 12/15/08, 341 1/12/09, Cont to 2/12/09, cont to 3/12/09, cont to 4/15/09, cont to 5/11/09, cont to 6/02/09. Discharged 9/16/09, Closed 10/23/09

              Comment


                #8
                I filed as a non-consumer bk and I'm over the median income for my state. I am very organized as well and anticipated dragging a pull cart filled with file folders into the 341, but decided against it. Instead I took a briefcase with copies of everything the Trustee asked for in advance as well as original receipts dating back 4 months before I filed. She was shocked when I handed the receipts over at the 341 and I was so proud of myself for having everything she asked for.

                Keep all of your information in one place just in case you'll need it for whatever reason and you won't have any problems. Trust me, you'll thank yourself when it's all over.

                P.S. I never heard a peep from the UST throughout my entire case.
                Filed Chapter 7 (Primarily Business Expenses) 04/10/2008 FICO 468 :cry:
                341 on 05/06/08:unsure:House appraisal on day 63:blink: 07/10/2008 Discharged-Asset Case!!!:yahoo:08/09 Transu 559, Equifax 636, Experian 647
                Case Closed 07/15/2009 :D:yahoo:

                Comment


                  #9
                  Wow Southernbelle,

                  Very encouraging. I have a large 3 ring file folder with tabs for everything.

                  I will make sure that I get it to fit in a briefcase and pull the info out when asked.

                  I too will feel good about it.

                  On another note, I saw your FICO scores. how do they go UP after a filing or am I misreading something?

                  Thanks.
                  Very fortunate in the grand scheme of things but have learned my lesson.

                  Filed 12/15/08, 341 1/12/09, Cont to 2/12/09, cont to 3/12/09, cont to 4/15/09, cont to 5/11/09, cont to 6/02/09. Discharged 9/16/09, Closed 10/23/09

                  Comment


                    #10
                    We gave a 2 pound folder full of EVERYTHING to our attorney. It had every credit card statement,bills,insurance policies,titles,,etc,,etc. I made 250 copies. Anything that had anything to do with our lives basically. Now I know that only specific items actually get filed with the court but everything is there as a just in case. If the trustee requests something, they already have it.

                    For our 341 all we needed to have on hand was our license and social security cards.
                    5/29 Filed 7~ 341-on 6/24
                    8/27-DISCHARGED
                    11/2 - CLOSED
                    EQ-604 EX-605 TU-560 ~4.5 months after discharge

                    Comment


                      #11
                      Originally posted by Lajazz947 View Post
                      Wow Southernbelle,

                      Very encouraging. I have a large 3 ring file folder with tabs for everything.

                      I will make sure that I get it to fit in a briefcase and pull the info out when asked.

                      I too will feel good about it.

                      On another note, I saw your FICO scores. how do they go UP after a filing or am I misreading something?

                      Thanks.
                      I started with a FICO of about 760 before I filed and due to late payments and delays because I didn't have enough to pay the atty, they slipped down to 468 after I finally filed. They actually did go up some when my cc's were listed as IIB shortly after filing and I think that's because I had a big debt to income ratio or too much available credit or something.

                      I would expect it went up a little more since my discharge also because I disputed a couple of wrong items like Crap One not listing my debt as "0 balance" or IIB and a few other minor things.

                      I'm trying not to obsess over it because I still have an OIC to get through and it is almost assured that the IRS will file a lien and destroy my credit even more.
                      Filed Chapter 7 (Primarily Business Expenses) 04/10/2008 FICO 468 :cry:
                      341 on 05/06/08:unsure:House appraisal on day 63:blink: 07/10/2008 Discharged-Asset Case!!!:yahoo:08/09 Transu 559, Equifax 636, Experian 647
                      Case Closed 07/15/2009 :D:yahoo:

                      Comment


                        #12
                        You are far from neurotic, fabulously organized and on top of your game. As previously mentioned above, you will receive a listing as to what you will need to bring to the 341. You can bring along your folder but keep in on the side in a briefcase or something and have available what is asked for specifically. You will probably also need your SS card and/or a birth certificate on top of your driver's license. We were advised what to bring.

                        The Scout's motto is "Be Prepared" which is the best motto ever.
                        _________________________________________
                        Filed 5 Year Chapter 13: April 2002
                        Early Buy-Out: April 2006
                        Discharge: August 2006

                        "A credit card is a snake in your pocket"

                        Comment


                          #13
                          Thanks,

                          Anyone have any idea how backed up they are in my district so that I can gauge?

                          I am in Southern California.

                          Thanks
                          Very fortunate in the grand scheme of things but have learned my lesson.

                          Filed 12/15/08, 341 1/12/09, Cont to 2/12/09, cont to 3/12/09, cont to 4/15/09, cont to 5/11/09, cont to 6/02/09. Discharged 9/16/09, Closed 10/23/09

                          Comment


                            #14
                            LAJazz, I like the way you think

                            I sent way more to my lawyer than what he asked for. For instance, they had a spreadsheet they wanted me to fill out of my creditors, their addresses, what I owe them, etc. So I did that and also supplied them with the last six months of statements from each. They asked for 1 year of tax returns, I sent 4 just in case I'm CH13. I enclosed copies of the pink slips to our cars, 401k plan statements, and family trust statements from a trust that I will most likely never collect from. Everything was clipped together in sections, labeled, and listed by bullet point on my cover letter to them. I'd rather my lawyer have the entire picture ahead of time with no surprises to really plot out our strategy.

                            I'm in the LA area too, so I'm going to be keeping my eye on this post !

                            Comment


                              #15
                              Originally posted by Lajazz947 View Post
                              Thanks,

                              Anyone have any idea how backed up they are in my district so that I can gauge?

                              I am in Southern California.

                              Thanks
                              Here there,

                              What part of So. Cal are you in?

                              I'm in Riverside/San Bernardino area
                              May 2008 Hired 1st Attorney/Stopped paying CCs
                              May 21, 2009 Retained 2nd Attorney
                              May 28th - Filed for Ch 7 (FINALLY!)
                              9/11/09 - DISCHARGED!!!!

                              Comment

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