Not so great 341 meeting today

[Footprints1973]

Well, we had our 341 meeting recently, and I went in there pretty optimistic and came out feeling very depressed.

First of all, our attorney's office called us the day before to tell us our attorney we've been working with the past 2 months would be unable to attend, and we have a substitute attorney. I was worried, but then read that this is common, so I didn't think too much about it.

The trustee picked us apart. We filed chapter 7 and were able to do so by the means test. But then the trustee saw that we own one of our cars. The trustee said if we want to keep it, we'll have to pay the court a few thousand dollars within 6 months or something like that. Before we could really say much else (such as we probably won't be able to do that, so just to take the car), she said she is sending an apprasier to our home to check out our "assets".

WE DON'T HAVE ANY ASSETS besides the car. Why does someone have to come snoop through all our stuff?

Our lawyer made it sound like the 341 would be a breeze, we would be able to keep our car, and those instances of people having appraisers come audit you was when you lived in huge houses, owned boats, etc.

I am sorry if am whining. It's just that losing this car will be really difficult for us to get to our jobs and our child to daycare.

Anyone else go through this? Any advice?

thanks

[AngelinaCat]

Hi Footprints:

I am so sorry it went like this. I don't know what to say. It sounds like you got one of the 'bad' ones. It also may be you were *lucky* enough to get picked for one of the audits. Another poster had that. I'm sorry I don't remember the name.

Get in touch with the attorney ASAP and see what if anything can be done about this. I really feel for you....

[liz417]

Sorry your 341 didn't go well, I would schedule an appointment with your attorney ASAP then go from there...

Good Luck!!

[b_girl]

Sorry to hear this, Footprints. It does sound like you got a pretty tough trustee. I'm wondering, were you above median income? Maybe that brought on the increased scrutiny of assets. I hope your attorney is able to help you.

[gymbo]

uGH!

Yikes Footprints!
That's awful!
Please tell me you are not in WI!

[Footprints1973]

Thanks so much for your support everyone...so quick . Yes, we were above the median income, but barely...only buy a 1k or so...

We just had (have) so much credit card debt...10 years of it....about 80k. 10 years of robbing Peter to pay Paul. No extragevagant vacations or anything...just daily stuff...medical stuff, food, times of unemployment, underemployment, etc.

I'm just worried about my DH. He is completely depressed and withdrawn. All he says is he's a beaten down man, and he is done fighting. He is afraid that these appraisers are going to come snoop in our little apartment and take what little we do have. He isn't in a rush to call our lawyer, he says it doesn't matter anymore.

And also, we were told the discharge date was 90 days...I guess 90 days is the new 60 days.

And no, we are not in WI.

[liz417]

Thanks so much for your support everyone...so quick . Yes, we were above the median income, but barely...only buy a 1k or so...

We just had (have) so much credit card debt...10 years of it....about 80k. 10 years of robbing Peter to pay Paul. No extragevagant vacations or anything...just daily stuff...medical stuff, food, times of unemployment, underemployment, etc.

I'm just worried about my DH. He is completely depressed and withdrawn. All he says is he's a beaten down man, and he is done fighting. He is afraid that these appraisers are going to come snoop in our little apartment and take what little we do have. He isn't in a rush to call our lawyer, he says it doesn't matter anymore.

And also, we were told the discharge date was 90 days...I guess 90 days is the new 60 days.

And no, we are not in WI, we are in FL...the crazy state...
Laura

Hi Laura,
I just wanted to say that I am so sorry about your 341. Your hubby sounds tired (beaten down as you say), you guys will be in my prayers...take care of yourselves....

[Help!]

Yes footprints, we've been through this and it isn't fun. We owned a Toyota Corolla and a Honda Civic outright, were told by our lawyer that we could exempt both but the only way we could get through the Ch. 7 process without being dismissed/converted was to offer these up for liquidation. We've had a six figure income for roughly 7 years now, but my husband is riding the bus home from work every day now because we own only one vehicle... an eight year old minivan. Actually, we don't even own it yet... my parents are allowing us to buy it from them. After we pay them for the van, we will save cash up to buy a second vehicle.

They are after your assets, but look on the bright side. If they were eager to dismiss your case for abuse or to try to convert you to Ch. 13, they wouldn't be looking at them at all. This indicates to me that your Ch. 7 is likely to end in a successful discharge, but you may lose the car. Unfortunately, this is a lot like the flu and this just has to run its course.

[BKParalegal]

I do a lot of consulting work in Florida, and I am amazed at the incompetence of the attorneys there. It sounds like your attorney sent you to the wolves without any protection. FL has horrible exemptions in regards to vehicle exemptions, it is mainly geared to protect the house and that is about it.

If you filed in the Middle District, I probably know your attorney. While this is going on, I would get an appraisal on your vehicle, take it to a CarMax or some other dealership and they should give you a value of what they would buy it for. Have them write it down on their letterhead. One thing to consider is converting to a Chapter 13, with the $4k plus additional attorneys fees, your payments should run around $170 a month, unless you are behind on any secured debt then that would increase it a bit.

Good Luck

[ready2puke]

Wow Im so sorry it went like that for you. This is my first post ever here

and I've been reading and learning from everyone. How often does something like this happen where they actually come to your house??? Makes me even more nervous than I was before reading this.. Im sooooo sorry to hear that..how can they take the only car you have? Seems cruel to me. I will post my long sob story soon, as soon as I stop puking.....
So so sorry....
R2P

[Lajazz947]

Wow, what a nightmare. My thoughts go out to you.

Sounds like you got a horrible Trustee.

Question for the board:

Can you object to the selection of a Trustee if they seem to be especially onerous, partial, unfair or otherwise unjust?

Seems to me like there should be SOME sort of remedy here.

I would fight like a rabid dog to keep a Trustee from doing this.

If your attorney won't stand up then maybe a new one will. Is legal aid available in these instances?

Sorry, it just seems so unjust in this case.

[BKParalegal]

I am definitely not one to defend Trustee's, and no you can't object to the selection of a Trustee, but most experienced BK attorney's know the trick on how to avoid getting assigned to the "bad" trustees. The problem is the state of Florida, really hammers homeowners into filing a Chapter 13, by only giving a $1k exemption for household goods(this included wearing apparel, furniture etc.) and only gives $1k for a vehicle exemption. If you don't own a home then you have a $4k exemption on personal belongings. The problem is the attorney the OP had/has did not do enough BK pre-planning to limit their exposure, and now they are paying the price. Again this is not indicative of the BK process, just a good example of how you should prepare before you file.

[ready2puke]

So how do you prepare before you file? Isnt that illegal, like hiding things? So new at this so I hope thats not a really dumb question.

[JRScott]

Sorry to hear of this. I believe southernbelle also had an appraiser come, ultimately in her case they didn't find anything worthwhile.

I do hope all goes well, and even if hubby won't call, call yourself

[bk4sky]

omg im so sorry to hear about that! now im extremely nervous about when my 341 meeting comes up. im still in the process of paying off the lawyer now tho. i dont have my own place i stay with my boyfriend so they can come look all they want, and the only thing im worried about is i have a 2002 honda civic i own outright. its my only car. i hope theres no problems, my lawyer said there wouldnt be.