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My BK Story--341 mtg. on Fri.--need tips

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    My BK Story--341 mtg. on Fri.--need tips

    I'm so glad I found this board. My husband and I filed beginning of October, after trying credit counseling, which didn't work. I thought we'd be free of worries after that, with creditors not legally able to harass us. Boy, was I wrong! First, it's been a very long month and a half or waiting for the 341 meeting on Friday. It has clogged up my brain with worry for this long. Luckily, I'm on Zoloft to numb me from some of this! Then we had to use the last 3 paychecks to get caught up on our mortgage, leaving us with hardly any money for food and bouncing debits, etc.

    I'm very worried about the meeting, as our lawyer has been mia and not helpful at all. She briefly reviewed it with us a long time ago, but has had very little contact with us. I thought considering all the money we paid her, she should be a little more helpful. To make matters worse, the trustee asked for additional paperwork (how we spent our tax refund, etc.). Luckily, we didn't blow it on stupid crap! I really hate how it seems our fate lies in the hands of some trustee, who doesn't know how much we've struggled and how much money we've lost with bounce fees and payday advances. I've been praying for a positive outcome for a long time and get the feeling that this feeling of dread I have won't go away until we finally get the discharge papers. I guess in the end it's all worth it because we've unloaded $60k+ in credit card debt. I will never use a credit card as long as I live.

    Any tips on surviving the 341 meeting w/o saying something stupid? I know the trustee is there to grab as many assets as possible and since we have none, I don't want him trying to dig for some. And does anyone have the list of questions they'll ask?

    #2
    First let me say good luck and I total understand how you feel. I know first hand how hard this whole BK is. I too have a lawyer who has not return phone calls I am sure he will be at our 341 meeting on Monday but I will still be a reck. I can tell you this board has been great I just wished I found it first before filing. Please let us know how things go and I will wish you the very best of luck.

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      #3
      You are certainly right about this board..it was one of my lifelines throughout the BK process which I know first hand is very stressful. Also, it certainly is unnerving that a single person holds your financial fate in her/his hands. First the 341 is a piece of cake. It rarely lasts very long so you will be out before you know it. As for the lawyers MIA; I literally drove ours crazy with questions, concerns and an unexpected motion from the trustee. The story has a happy ending...we were discharged in August. We survived a U.S. Trustee's motion so I can tell you with absolute certainty you guys will get through this. Unfortunately, lawyers are notorious for not returning phone calls, etc., that doesnt make it right but it is typically their MO. As long as you have the required IDs and documentation you should be okay. The trustee has a standard list of questions at the 341 and then whatever other pertinent questions may be raised by her about your specific cased. Usually unless you have a lot of assets there wont be a lot of questions. The trustee is there to find money for the creditors whether you filed under the old law - like me - or the new law. The same intent applies. Try to keep calm and ONLY answer what is asked of you. Dont volunteer anything. The questions are pretty basic...did you meet with your attorney, etc. They also ask about your income tax refund...did you get one and what did you spend it on? There should be NO surprises but you will have your attorney there in case there are. Let us know how it goes. Again, the 341 is not nearly as bad as you imagine.

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        #4
        Most 341 meetings are over in 4-5 minutes. Basic questons, yes or no answers.
        Only thng that Trustees are looking for are assets and lots of disposable income.
        Trustee will ask lots of questions if you are in a high income bracket also.

        Be patient, calm down, it will be OKAY......

        You will be amazed how "painless" it really is if nothing is found and the trustee has nothing to go after.

        Keep us posted,

        Minny
        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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