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    341 over in GA....

    I had my 341 today and decided not to arrive too early because I knew it would stress me out more than calm me down. My attorney did not show up, someone else was there in replace of about 10 cases, including mine. He actually was a little jerky which I didn't care for too much. Anyway- my husband bought our house this past July '05 and at the time we asked the attorney to do a quit claim deed in case anything happened to my husband. Well I checked prior to filing and it hadn't been done , and my agent checked tax records and it wasn't on there either, so I figured they forgot. We got the title in the mail and I only saw Tim's signature and didn't really look it over until I went to pull it out right before it was my turn and saw my name in the fine print. I about had a heart attack. I really thought I was going to be sick. I went up to the attorney in between and asked if I could speak to him prior to my turn which he asked for a small break. Anyway, he thought I had enough in my exemptions to cover it..... I did tell the trustee about that- as well as the 4k we made off our old house and the 18k from the house prior. He sent me on my way without anything else- could something else happen from here? Or would he have told me if he wanted that $?

    Here's what I remember him asking:

    State your name and address
    Is everything accurate on the petition?
    This is where I told him about the quit claim....
    He proceeded to ask if I've owned any property in the past 7 years- what was done with it? How much did we net off the sell? When was it sold?
    Do you own any other property?
    Does my husband own any property (although I filed by myself)
    Do I work now?
    Double checked a date that was actually incorrect in the petition....
    Had I sold or transferred any asset to my husband in the past 4 years?
    Are you expecting any inheritance?
    Are you party to any law suit?

    And that was about it. I thought for sure he would ask how we were going to survive/or had survived when there is a negative after paying our expenses. I also thought he would mention / or the creditors would show up about the $5000+ in recent charges on my cc's. But nothing.

    Is it possible that those 3 things could still be problems in the next 60 days or would he have mentioned them if he wanted them?
    1-$4k from sell of house
    2-quit claim deed on house with $14k in equity
    3-$5k in recent charges

    thanks-

    #2
    Originally posted by 4inga
    I had my 341 today and decided not to arrive too early because I knew it would stress me out more than calm me down. My attorney did not show up, someone else was there in replace of about 10 cases, including mine. He actually was a little jerky which I didn't care for too much. Anyway- my husband bought our house this past July '05 and at the time we asked the attorney to do a quit claim deed in case anything happened to my husband. Well I checked prior to filing and it hadn't been done , and my agent checked tax records and it wasn't on there either, so I figured they forgot. We got the title in the mail and I only saw Tim's signature and didn't really look it over until I went to pull it out right before it was my turn and saw my name in the fine print. I about had a heart attack. I really thought I was going to be sick. I went up to the attorney in between and asked if I could speak to him prior to my turn which he asked for a small break. Anyway, he thought I had enough in my exemptions to cover it..... I did tell the trustee about that- as well as the 4k we made off our old house and the 18k from the house prior. He sent me on my way without anything else- could something else happen from here? Or would he have told me if he wanted that $?

    Here's what I remember him asking:

    State your name and address
    Is everything accurate on the petition?
    This is where I told him about the quit claim....
    He proceeded to ask if I've owned any property in the past 7 years- what was done with it? How much did we net off the sell? When was it sold?
    Do you own any other property?
    Does my husband own any property (although I filed by myself)
    Do I work now?
    Double checked a date that was actually incorrect in the petition....
    Had I sold or transferred any asset to my husband in the past 4 years?
    Are you expecting any inheritance?
    Are you party to any law suit?

    And that was about it. I thought for sure he would ask how we were going to survive/or had survived when there is a negative after paying our expenses. I also thought he would mention / or the creditors would show up about the $5000+ in recent charges on my cc's. But nothing.

    Is it possible that those 3 things could still be problems in the next 60 days or would he have mentioned them if he wanted them?
    1-$4k from sell of house
    2-quit claim deed on house with $14k in equity
    3-$5k in recent charges

    thanks-

    How recent?

    Comment


      #3
      It sounds like your Trustee didn't have any problems. Check PACER in a few days to make sure that it was dismissed as a "no asset" case.
      You still have to get past the U.S. Trustee, so keep all of your paperwork and get things up to date, just in case they come back at you.
      One of the things I checked out on PACER was my U.S. Trustee. I think it was under "opinions" and her name. There were only 2 listed in the last 5 years. One was a woman who owned 2 boats with about $20,000 equity in them and didn't list them. Then she amended saying she had sold to her husband. This raised a red flag and trustee did a title search and came up with the other one. IMHO, a pretty blatant case of fraud. U.S. Trustee dismissed the case, as I recall or at least made her pay for the boats.
      The other case was equally blatantly fraudulent and for 18-25 grand.
      It seems like my Trustee doesn't usually get too involved unless there are clear cases of fraud.
      I think that since you got this far, you will be ok. but you might want to look up your U.S. Trustee and see how many and what type of rulings they have made. Keeping my fingers crossed for you (figuratively, not literally or I'd type even worse than I do now.) Art

      Comment


        #4
        Originally posted by FoolAndHisMoney
        How recent?
        The 60 days prior to filing, all the way up to the week before..... My attorney gave me every reason to believe that Chase would come after it and that I would at least end up paying back $2k.

        Thanks-

        Comment


          #5
          if its within 60 days and its that much then they probably will contact your attorney to try to work out a deal from all the ive read. i think the good news is that you probably wont have to pay the entire balance of the card. thank god the action is disconnected from all the other purchases made years past creating the current balance.

          if they do complain then your atorney might try to settle with them on a payment plan. let us know how it goes and good luck
          Im not an attorney or a trustee. You cant trust me either though!

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          Comment

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