Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

My 341 experience

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • My 341 experience

    Well, had my 341 earlier this week. Talk about a surreal experience!

    I arrived about 40 minutes early, expecting to find a crowd ahead of me. In fact I was the only one there for about 30 minutes. Gradually a few more filers made their way into the courtroom-maybe 8 people altogether. The trustee showed up about 3 minutes before things were scheduled to start and set up her computer, etc. My attorney was unavailable so he sent his partner to represent me. Not a big deal, except I had never seen his partner before and thought I was going up to the table by myself until he came and introduced himself as the proceedings began.

    The trustee began things by making some opening remarks that she had obviously made many times before. It was like listening to a robot talk. The gist of it was that her purpose was to confirm the information we had already submitted and to ask questions over areas that were unclear to her. She emphasized that this time we would be answering the questions under oath, so if we didn't understand a question to ask for clarification. Don't guess. She also made it clear that if any of the documents she had requested were not received in a timely enough fashion she would continue that meeting.

    The first meeting was very sad. It was an elderly couple-I am assuming perhaps early 80's. The husband was clearly having extreme trouble following the proceedings and frankly did not seem competent to be taking part in them at all. He would either ignore the trustee's questions or answer by nodding his head. The trustee had to repeatedly tell him that his answers must be verbal for the recording. Documents were missing and the couple could answer basically none of the trustee's questions. The husband took about 3 minutes to sign his name-with some assistance from his wife. The trustee was rather unhappy and was somewhat abrupt with the couple's attorney. I was thinking how I wouldn't want to be the next person to sit at the table. So of course my name was called.

    All in all, my own experience was much better. The trustee asked most of the standard questions; did you read the documents before you signed them? Have you listed all your debts? Have you listed all your assets? What did I intend to do with my house and cars? Did I have any single item worth over $500 with the exception of my cars and house?

    One area that did surprise me was her interest in the home improvement loan I took out last year to make emergency repairs to my house. She asked what I did with the money and I said a new roof. She said, is that all? I said, they also added gutters and did a lot of structural repairs. Her basic concern was that she didn't think a new roof should cost that much and wondered if I pocketed the difference. I told her that the money went straight from the banks hands to the contractors hands and that I had the documents to prove it. She lost interest at that point and had me sign some paperwork. Told me that I would need to let my attorney know when I got my tax refund because a portion of that will have to go to creditors. She said thanks and that was it. I was probably at the table for 10 minutes or less. Seemed like an eternity.

    I honestly left the meeting not knowing if it went good or bad. My attorney's representative was handling a couple of the other people there so I was unable to talk to him. I guess if it had gone badly I would know about it. Now I guess I just wait 60 days and then hope for discharge. I am scheduled to resume school in January and really hope my discharge comes in so I can get my student loans done. Very happy it is over, be even happier in 60 days.




  • #2
    Congratulations on getting past that part. This is such a HUGE, huge event in our lives -- but what's hard for us to see beforehand is that it really is just another day at work for these folks, another case... like you said, robotic -- just going through the motions. That was pretty much our experience, as well.

    Comment


    • #3
      This is somewhat unrelated to my original post but I hate to start a new thread for it. My case is an asset case (tax refund). The court set a deadline to file a proof for claim to all creditors of January 5th. That is related to the closing date correct? My discharge date should still be 60 days after the 341? I ask because my federal student loans are on hold for the upcoming semester because of the BK. My understanding is that the BK has to be discharged but not necessarily closed for the loans to be released to me. Am I understanding this correctly?

      Comment


      • #4
        Your discharge comes regardless of the administrative closing of the case. Your discharge will come as soon as "administratively possible" after the 60 days elapsed from the first scheduled 341 Meeting of Creditors.

        Most college financial aid offices know the process on how to deal with a bankruptcy... but some do not. I had this issue and all I had to do was sign a form attesting that the loan was neither discharged nor subject to discharge. (There were a couple of other reasons on the form, but I was only dealing with the discharge.). Because not all schools are up to speed, you may need to read the Federal Loan guidelines, then write a nice formal email/letter to the financial aid office.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog


        I am not an attorney. Any advice provided is not legal advice.

        Comment


        • #5
          Thank you much. I will get back in touch with financial aid. It is a large state school so I am sure they deal with this on occasion. I just wanted to make sure I was fully understanding how things should go. There are so many loose ends to tie up-even post 341.

          Comment

          Unconfigured Ad Widget

          Collapse
          Working...
          X