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60-Day club here I come! (Long)

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  • 60-Day club here I come! (Long)

    Well, I just got back from my 341 and everyone says it is quick and painless, and you know what? They are right!

    I took the train downtown so I wouldn't have to worry about parking, etc. I got there about an hour early so I could watch some cases. They were held in 2 separate rooms, the room I was in had about 30 chairs, so I felt a little better about that.

    Most people were dressed business casual, although there were a few in shorts and jeans. Even some of the attorneys were wearing business casual. I dressed business casual, slacks and a nice shirt, and wore minimal jewelry (not that I have that much anyway!)

    After watching the first three cases I felt much better as they were challenging. One person gave different responses than what was on her petition and her attorney didn't provide any assistance. Another was very vague in her answers and the trustee kept saying, list to my question, you are not answering my question. The third case, a pro se, didn't clearly answer whether a paralegal helped her with the forms. Each of these cases took about 10-15 minutes.

    I felt better after seeing these cases. When he called my name, I did get nervous, and thought I was going to blank out on my answers, I didn't. But I did raise my left hand to be sworn in! Fortunately, I quickly realized this and changed to my right hand before the trustee said anything. I kind of chuckled a bit and that took my nerves away.

    After I gave him my DL and W-4 for proof of identity, he asked me the following questions:

    Did I sign the petition?
    Did I read the petition and am I familiar with everything in the petition?
    Was I employed at the time of filing?
    Is this the correct address for your employer?
    Did you list all of your assets?
    Did you list all of your creditors?
    Was there anything you missed or need to change or add to your petition?
    Have you filed BK before?
    Did you take out any cash advances in the last 90 days?
    Do you have any investments in oil, gas and minerals?
    Do you have any investments in land?
    Are expecting an inheritance or life insurance payments?
    Do you have any investments in recreational vehicles?
    Did you give away or sell any personal property in the last two years?
    Is your income tax for the current year?
    Did you give away, sell or trade any property to friends or family?
    Are there any creditors here?

    These were the primary questions he asked everyone. There were some situations that varied.

    For me when he asked me about selling personal property in the last two years. I told him I have sold some stuff on Craigslist and Amazon.com. He asked how much I sold in the last year? I said about $400. He asked what I sold. I told him books and old small kitchen appliances. I made sure to list things that are exempted. I also sold some golf clubs (which are not exempt), but I didn't mention that. Although I'm not sure if that would have mattered. He seemed fine with my answer.

    When he asked about being employed when filing. For those that answered yes, he went on to the next question. For those that said no, he asked if they found a job, all said no. So I don't know what would have happened if someone found a high paying job. My impression was he was really interested in the status of things on filing day. He did not ask the question if anything has changed since filing. I was laid off 10 days ago and it never came up.

    He didn't ask anything about rent. I have a rental lease, that was not listed under contracts (so my landlord was not notified), nothing was ever said about it.

    I have a very part-time business, he didn't ask anything about that either.

    He did ask me for paystubs that include the filing date up until the 341 and for bank statements that include filing date. He didn't ask anyone else for this information. I think that is because my attorney list "unknown" for bank account balance on filing day. I had a few hundred dollars in there, hopefully he won't want that.

    He also didn't mention anything about student loans. I got a huge student loan disbursement, which was not on the statment I had to give him, but that is it. The only question he asked about student loans was to another debtor the previously filed bk. He asked if he still had those loans.

    He didn't ask anything about expenses or specific assets, like my car. This surprised me.

    Just some observations. There were several Pro Se filers. The only additional questions they were asked, if they had some help with the documents. He also asked if they understood the bk process. If the debter was vague with their answers and not prepared, he asked them a lot more questions.

    No creditors showed up. In fact, when the trustee asked if there were any creditors, he barely gave anyone time to acknowledge before moving on to the next question.

    The trustee was very nice as long as the debtor answered the questions asked and didn't answer the question before he finished asking it. Many people would nod their heads, which doesn't record very well, so he had to correct them.

    What helped me relax besides raising the wrong hand to be sworn in ;^), was getting there early and observing other cases. I had all of the documents I needed to bring ready the night before. I looked through my petition yesterday, just to refresh myself with the figures. Plus I was honest with my petition and didn't have anything to hide. It also helped to go through the questions on the 341 stickies and of course to read everyone else's successful 341 stories! I hope this information helps those of you that are getting ready for yourr 341. It really is easy as long as you are prepared. Good luck!
    Filed Chapter 7 on July 30, 2010
    341 scheduled for August 26, 2010 - Done! - Report of No Distribution
    Discharged!!! - November 15, 2010

  • #2
    whooooopppppppeeee!!!!!! so glad for you!!!!!

    come on....really now...we KNOW you own that oil well and have been holding out on us!!!! LOL!! that's a new one for me!!
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

    Comment


    • #3
      Awesome!!!!!!!!!!!!!!!!! Glad to hear it went so smooth toons....we all knew it would
      Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
      AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

      Comment


      • #4
        Thanks Tobee. Shhh, I have an oil well in my backyard, but don't tell anyone! That is so funny you brought that up, because the first case I heard the woman was unsure but thought she had some interest in BP! She never listed it on her petition, not good!
        Filed Chapter 7 on July 30, 2010
        341 scheduled for August 26, 2010 - Done! - Report of No Distribution
        Discharged!!! - November 15, 2010

        Comment


        • #5
          Thanks Joe. I just posted a response to the rent not being listed under contracts under that thread in the Ch7 section. Anyway, it was not an issue, I'm sure you'll be fine with that too. Keeping my fingers crossed for you.
          Filed Chapter 7 on July 30, 2010
          341 scheduled for August 26, 2010 - Done! - Report of No Distribution
          Discharged!!! - November 15, 2010

          Comment


          • #6
            I just read i too.....I'm OCD about this board, this process....lol. Here I come PACER.

            On the lease issue, I am going to end up listing my landlord due to a mistake by the paralegal.

            Attorney wanted to discuss issue only verbally so there would be no written record that we were technically conspiring to omit information from the petition. Paralegal sent me an email with a final draft of my petition saying "per your discussion with XXXX and his instruction, he is comfortable with omitting your landlord in order to avoid the notification. This revision is included in the attached draft."

            So, after that one, to cover everyone's rear ends, we agreed it was better to list since there was now a written record. I will be calling my LL on Wednesday when he returns from overseas to have a chat with him. Thinking of angling this towards overwhelming medical bills that will have no effect on him, all he will receive is a notice, no worries. Hopefully that'll fly.
            Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
            AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

            Comment


            • #7
              Good to hear it going smooth for you kartoons. Now you're joining the 60 day club.
              Filed chapter 7 Jul 13, 2010 341 hearing Aug 12, 2010 Trustee's report of no distribution Aug 20, 2010 Discharged Oct 13, 2010 Closed Oct 28, 2010.

              Comment


              • #8
                I just read i too.....I'm OCD about this board, this process....lol. Here I come PACER.
                ahhhhhhhhhh joe...you think you are OCD now..we r going to have to tie you up if you sign up for pacer!!
                8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                Comment


                • #9
                  Congrats!
                  "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

                  Comment


                  • #10
                    congrats kartoons19! hope you get the report of no distribution soon. -=)
                    you're almost there.
                    Filed Chapter 7 Pro Se: July 28, 2010
                    341 Meeting: Aug. 24, 2010/ Report of No Distribution: Aug. 25, 2010
                    Officially Discharged: Oct. 26, 2010

                    Comment


                    • #11
                      Originally posted by tobee43 View Post
                      ahhhhhhhhhh joe...you think you are OCD now..we r going to have to tie you up if you sign up for pacer!!
                      Already did sign up for pacer....yesterday, prior to signing and drinking...lol
                      Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
                      AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

                      Comment


                      • #12
                        For those of you who have not seen a comprehensive thread on 341 meetings [here in Northern Georgia], follow this link:

                        http://www.bkforum.com/showthread.php?t=61448

                        Originally posted by kartoons19 View Post
                        For me when he asked me about selling personal property in the last two years. I told him I have sold some stuff on Craigslist and Amazon.com. He asked how much I sold in the last year? I said about $400. He asked what I sold. I told him books and old small kitchen appliances. I made sure to list things that are exempted. I also sold some golf clubs (which are not exempt), but I didn't mention that. Although I'm not sure if that would have mattered. He seemed fine with my answer.
                        In the cases I watched in Northern Georgia they asked this question but the lookback period was 1 year.

                        I actually wonder why this would even be a question - unless the Tustee is hoping to find that the proceeds were tucked into a mattress. If used to pay down debt OR to simply make ends meet, why would it matter?

                        He didn't ask anything about rent. I have a rental lease, that was not listed under contracts (so my landlord was not notified), nothing was ever said about it.
                        I have decided NOT to list my landlord as a creditor. I am going to treat him just like all other monthly housing expenses / utilities. I am current with them all and they will not show on my petition.


                        I have a very part-time business, he didn't ask anything about that either.
                        One of the 2 Trustees I saw in action would have asked you this question. He was definitely sniffing for accounts receivables.

                        He didn't ask anything about expenses or specific assets, like my car. This surprised me.
                        No questions came out about expenses. Also, not one person was asked about their car.

                        Just some observations. There were several Pro Se filers. The only additional questions they were asked, if they had some help with the documents. He also asked if they understood the bk process. If the debtor was vague with their answers and not prepared, he asked them a lot more questions.
                        That's good news for the Pro Se crowd!

                        No creditors showed up. In fact, when the trustee asked if there were any creditors, he barely gave anyone time to acknowledge before moving on to the next question.
                        Only the secured creditors showed up. Not a single credit card company showed.

                        What helped me relax besides raising the wrong hand to be sworn in ;^), was getting there early and observing other cases. I had all of the documents I needed to bring ready the night before. I looked through my petition yesterday, just to refresh myself with the figures. Plus I was honest with my petition and didn't have anything to hide. It also helped to go through the questions on the 341 stickies and of course to read everyone else's successful 341 stories! I hope this information helps those of you that are getting ready for yourr 341. It really is easy as long as you are prepared. Good luck!
                        So glad your 341 was a breeze. I only saw 1 of 35 that I thought went bad for the debtor - and candidly he and his lawyer were so sloppy they deserved it. Everyone else flew through the process.
                        Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--Discharged

                        Comment


                        • #13
                          Thanks for all of your congrats. I feel so relieved to have it over with and hopefully it helps those of you who haven't gone through it yet.

                          Joe, I am so far behind in school and it is only the first week. The reason? I am spending way too much time on this forum! I'm sure I will be OCD with Pacer until I get the results of my 341. Oh well. . . Good luck when you speak with your landlord, hopefully it will go well.

                          Nomoneyhoney, thanks for the congrats. Hopefully I will get my report of no distribution tomorrow!

                          Gman, I agree about not having to list the lease. As long as your are current, it shouldn't matter, at least that is my take on it. Hopefully, it wouldn't be an issue for you.

                          Ironically of the three cases that didn't go well, two of them had the same attorney and she was very unprepared as were the debtors. One was a Pro Se, who couldn't seem to give a straight answer.

                          Overall it went well. Since I had an urge to drink at 730 this morning to calm my nerves, which is so funny because I hardly drink. Instead I will have a drink tonight to celebrate it being over and to also wish for a successful 341 for those of you that have yet go through it.
                          Filed Chapter 7 on July 30, 2010
                          341 scheduled for August 26, 2010 - Done! - Report of No Distribution
                          Discharged!!! - November 15, 2010

                          Comment


                          • #14
                            Hi kartoons19 again.

                            I'm late. You're probably already soused. No matter.

                            CONGRATULATIONS!

                            And about being behind in school, fughettit, at least tonight. It's like you've just aced the big final in Bankruptcy 501: Debtor Discharge.
                            11/2008 - Filed Chapter 13
                            02/2010 - Chapter 13 dismissed
                            08/2010 - Filed Chapter 7 pro se in new district
                            09/2010 - Chapter 7 341

                            Comment


                            • #15
                              Thanks Empowered. Bk 501, I love it! Not soused yet, but I am heading that way!

                              By the way, don't change your name to Screwed! I just read your other post. ;^)

                              I was so happy after the 341, that I took the day off from doing school work and called up some friends and went to the movies, something I haven't done in a very long time!
                              Last edited by kartoons19; 08-26-2010, 10:44 PM.
                              Filed Chapter 7 on July 30, 2010
                              341 scheduled for August 26, 2010 - Done! - Report of No Distribution
                              Discharged!!! - November 15, 2010

                              Comment

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