Inital Contact re: 341 Meeting

[Odie]

I got a notice in the mail today, with my lawyer's return address and not from the court/trustee. It seems pretty straightforward, details the date of my 341 meeting, and so forth. The form states at the top "Form B9A (Ch 7 Individual or Johnt Debtor No Asset Case)" and my case number.

Couple questions:

1) This letter specifically states "The presumption of abuse does not arise" I know on the surface this sounds good, but does this mean my case has already been looked at by the trustee? Or is this just from my lawyer calculating my means test?

2) If my case is to be subject to a random audit, when do I find that out? Would it be on this letter?

3) "Please do not file a proof of claim unless you receive notice to do so" From the explanation on the back of the letter this sounds good ("There does not appear to be any property available to the trustee to pay creditors... if it later appears that assets are available, you will be sent another notice...") When would they determine this? At the 341 meeting? How likely is it that I'll receive such a notice?

4) I am filing married filing single. Does my husband need to be at the meeting? His income and assets have been obviously taken into account in my filing paperwork, but he is not discharging any debts.

Thanks everyone! This is a wonderful, helpful, understanding forum. I don't think I could have gotten through this without you all!!

[Cali]

My attorney told me, since my debt is 100k+, that I would know before my 341 if the trustee had problems with it. And if he/she did, then I would probably have to produce a year of bank statements.

[Odie]

I'm discharging about $25K... reaffirmed the house already, and we own our cars outright (old, in need of work, I own mine and my husband owns his - they were purchased before we were married)

[AngelinaCatHub]

Odie: I think you got kind of a form letter. My letter of bk stated in formal words that presumption of abuse is kinda assumed. Unless you get some other stuff, don’t worry until you get your meeting. You may find it easier than you thought. I sure the h*ll wish I knew then what I know now. My lawyer would have been toast now. If I don’t get out if this thing (see ‘Help” posts) I will go “pro se” as I sure the Hell could do better than this babe. ‘Hub

[deafbroke]

It's just a letter stating the 341 date and explaining stuff. I got one too.

Cars might be a problem if they are over allowable exemption for your state. If old, probably not.

If your case it audited I assume it will be by the US Trustee and you should recieve a seperate letter.

Don't know about proof of claims. I thought that was for creditors. not sure.

DB