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My 341 Experience of 05/10/06

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    My 341 Experience of 05/10/06

    The meeting with the Trustee took about 5 minutes. She did not ask my wife a single question. Almost all of the questions were regarding my business, which I closed in December of 2005. The trustee requested copies of my business tax returns for the last 2 years, and reserved the right to call an additional meeting.

    The truth of the matter is I did not leave the 341 Meeting with anything resembling the euphoria of others on this forum. On the flip side, I did not lose a single bit of sleep anticipating this meeting either. I guess I realized that this meeting only starts the clock for creditor objections and does not represent a major hurdle in my quest for a successful Chapter 7.

    My sense of relief may have also been tarnished by the fact that after the 341 Meeting my attorney brought to my attention that two creditors have sent preliminary paperwork objecting to the discharge. After some research I have come to the understanding that these were attempts to bully me into reaffirming credit card debts. The letters came from Discover Card and MBNA, and they both reference transactions that they had defined as cash advances. Both transactions took place over 140 days prior to filing. The truth of the matter is that these were balance transfers paid directly from Discover and MBNA to other credit cards, and were noted as such on my credit card statements. My attorney has successfully argued in past cases that balance transfer to lower interest rate by their very nature imply an intent to repay, and as such do not constitute fraud under the statute.

    I think it is important to understand that every inquiry by the Trustee is motivated by the pursuit to find assets. This being the case I hope that when she looks at my company tax returns for the last two years and sees losses totaling $125,000 she will be convinced that the company had no assets left. This seems to be the opinion of my attorney as well.

    Conclusion:
    Everyone is right when they say “The 341 Meeting is nothing.” However, I don’t believe we realize the full extent of this statement. It is truly “nothing.” I did not see it as positive or negative. I mean seriously, what really changed from before to after the meeting? Creditors can still object, trustee can still dig deeper for assets, US Trustee can decide to cause trouble, etc. The only thing I see that changed is the clock has started for the Creditors to object, nothing more.
    Last edited by time4cake; 05-11-2006, 11:22 AM.
    Filed..................03/31/06
    341 Meeting............05/10/06
    Discharge..............07/17/06
    Case Closed............07/17/06

    #2
    I agree with your assumption, the 341 meeting is actually the gun going off to start the race, it becomes real and the outcome is unknown. Some cases are simple in nature and filers can get a feeling of relief from the meeting being over. Cases involving the owning of a business, filing without your spouse and asset cases can take a whole new direction either positive or negative.

    Comment


      #3
      I agree. I did dread the 341 meeting, but it went fine. I didn't feel the euphoria either and didn't expect to feel that way. The only euphoria I feel is when I know I've made good choices about money managment. Since filing in February, my husband and I have managed to skim a tiny bit of fat off the top and were actually able to pay for a vehicle to be repaired yesterday. I wasn't happy about the repairs that needed to be done, but felt great that we had the money in the emergency fund.

      We are really trying to do the "next right thing" as the saying goes in AA. I don't attend 12 step groups, but the principles are sound for daily living.
      Filed: 2/24/2006
      341 mtg: 4/4/2006:angel:
      Discharged: 9/25/08!!!!!:yahoo::yahoo::yahoo::yahoo::yahoo:

      Comment


        #4
        If the 341 goes anything like our numerous Consults did,........ My stomach will be in knots on the way there because I dread going. And I will be so relieved to get out of the building when it's all said and done.

        I think any euphoria will be because it's over with, the clock is ticking, and the next hurdle to the end of the race is coming.

        Thanks for sharing your experience, Time.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment


          #5
          Update on my 341

          I found the following message on Pacer:

          "Meeting of Creditors Held and Concluded on 5/10/2006Trustee's Report of No Distribution Trustee of this estate reports and certifies that the trustee has performed the duties required of a trustee under 11 U.S.C. 704 and has concluded that there are no assets to administer for the benefit of creditors of this estate. I have received no funds or property of the estate, and paid no monies on account of the estate. Wherefore, the trustee prays that this report be approved and the trustee be discharged from office.. "

          I understand that this is not the end, but it appears that the Trustee is losing interest in my case, and has come to realize that there are no assets.
          Filed..................03/31/06
          341 Meeting............05/10/06
          Discharge..............07/17/06
          Case Closed............07/17/06

          Comment


            #6
            WOW!! That was quick!!

            You just had your 341 meeting last week and your Trustee has already "signed off" on your case. Basically. Barring Creditor Objections, your case is looking good!!
            Filed Ch 7 - 09/06
            Discharged - 12/2006
            Officially Declared No Asset - 03/2007
            Closed - 04/2007

            I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

            Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

            Comment


              #7
              I was happier than a pig wallering around in the mud when the 341 meeting was over. Main reason, no objections by the trustee and secondly, I hate standing in front of a crowd being questionsed about financial things.

              The 341 meeting, IMO, is something. The team of people in the trustee's office, mostly lawyers, pour over your documents, verify things with court records (which are electronic), look for any assets you didn't claim, verifying other information. If they find something during there search, they will ask you about it at the 341 meeting. Chances are, if they haven't found any flags by the 341 meeting or found something at the 341 meeting by the answers to your questions, they are moving the resources on to other cases. (IMO) If they do have flags, you'll know about it at the 341 meeting and you have to address them at that time.

              Creditors can still object, yes, the trustee can still object (but 99% of the time would have done it at the 341 meeting)

              Anyway, the meeting itself may seem like nothing, but the conclusion of it without objection by the trustee means alot.
              Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
              Plan Confirmation 6/16/06 :yahoo:
              Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

              Comment

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