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The Black Box -- Filing to 341 Meeting

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    #16
    NotMe,

    Send a certified letter (so they have to sign for it) to the companies that you wish to reaffirm your debt with.

    State in the letter that you wish to reaffirm the debt and need to make arrangements to sign a reaffirm statement with them.

    This has to be done before the 341 and no later than before the discharge papers.

    Also all your payments MUST BE CURRENT. Keep making payments whether you get a statement or not from them.

    Let them know that under the new bankruptcy laws that it is YOUR REPSONSIBILITY to contact them regarding reaffirming the debt.

    Remember, when you reaffirm, you are agreeing to pay this debt in full, and it will not be included in your discharge in your bankruptcy papers.

    Most companies will not contact you during the automatic stay because they are not allowed too.... but you will be contacting them with your wishes to reaffirm the debt.

    The main reason they may not reaffirm is if your payments are in arrears and not current. All payments must be current.....
    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.

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      #17
      Originally posted by aa06a47
      I didn't know that the trustee holds a meeting with the creditors before the 341 meeting? I have never seen nor heard of this. Where did you get the infomration that they hold a meeting with the creditors.?
      That was news for me too. It almost seemed "too simple" (I know, bad word choice) for the trustee and asking them to have too much blind faith without it.
      *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

      My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

      Comment


        #18
        Originally posted by Minnymouth
        The Trustee has to verify everything in your petition for the Creditors and the US Trustee. He has to hunt for a decided if you have any disposable income which could put you in a Chapter 13 instead of a 7.
        Still kind of surprises me that we put so much information in schedules, but don't have to provide supporting documentation for it. I bet the trustees love the new part of the law that makes the attorneys responsible for verifying the information.
        *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

        My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

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          #19
          You put all that information on your schedules and if the Trustee wants proof of it - your attorney better have some good records on hand to back it up!!! If a Trustee questions anything on your petition - he will request proof!!

          Yes attorneys are a lot more careful now, then they were before......
          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

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