Continued 341

[erin1222]

I had my last 341 in May and it didn't go good. We were a high income filing chapter 7 but we did pass the means test with nothing much left to fund a Chapter 13. Trustee felt we could do a Chapter 13 which I don't see how since all out money goes toward household bills. When we were at the 341 the Trustee kept asking us dates about our second mortgage and why we did it which was in 2006 and wanted to know what we did with it and we explained but I was nervous and kept confusing dates. In my opinion I sounded and probably looked like an idot cause after he started drilling I just froze and pretty much stumbled on every word. So after much sweating and lip biting he said he was referring our case to the US Trustee. Now after a month we received a letter from our attorney about a contined 341 no instructions nothing. Why would they want to do another 341 the letter says continued Chapter 7 meeting nothing about a 13. To put it mild I am out of my mind the last meeting I felt like I was having a heart attack this one I may actually have one. Since the last meeting I haven't been asked to provide any additional paperwork and I am concerned what is going to happen. I send an email to my lawyers office and hopefully someone will get back to me but in the meantime I was hoping someone had some advice.

[debee]

Sounds as if the UST has not yet filed a POA/Motion to Dismiss/Convert. If that's correct, then the UST may show up at the next 341 to ask questions. It's a fact-finding expedition. If they had enough to file a Motion to Dismiss, they'd file it.

We also refinanced in 2006. Nothing wrong with that. ALOT of people refinanced around then. We were also over the median. Don't be afraid of the questions. Just prepare to answer.

In advance of the next 341 get your dates written down. Gather your records. Try to remember what you were asked before and prepare answers. If you don't have records, just make notes. But prepare as best you can.

I went back and looked at some of your old posts. In one of them you mention having a rental property expense that eats up DMI. If you filed with a net rental loss, I would expect an objection on it. You have to be able to pass the Means Test & the Schedule I/J without any rental property expenses. If you would still pass when you back the rental expenses out, it won't matter - unless you have other objectionable expenses.

Just because they're getting out the fine-toothed comb doesn't necessarily mean you won't get to the chapter 7 discharge.

Hang in there.

[erin1222]

thanks you for your response and advice