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    341 = bad!!!!

    341 Meeting was bad. I filed Pro Se and then got the help of an attorney to file one amendment last week. One lone creditor was there and tore me up. Meeting went over an hour. My old businesses have a lot of paperwork to wrap up. Vehicles and corporations that I sold all need a lot of loose ends wrapped up. Everything is still showing in my name as I lost everything but never took the time to do all the right paper work.

    The 341 meeting was continued till July 12th and I have several amendments that I need to file along with copies of contracts and sales agreements that need to be finalized with suppliers and others that I dealt with.

    I will be using an attorney to help wrap everything up.

    One big question I have – does the continuance change the 60 day date??

    I even have to come up with the contract from a company that I sold in 2001.

    #2
    Originally posted by Benchracer52 View Post
    One big question I have – does the continuance change the 60 day date??
    I guess you are the poster-child for why one should hire an attorney especially when one's case is not "run of the mill". (Not that any case is run of the mill but some are closer to it than others.)

    In answer to your question, no, the continuance of the 341 does not change the complaint deadline and hence your expected discharge date. HOWEVER, the Trustee or any creditor can file a Motion to Extend the deadline to file a "727" (general denial of discharge) or a "523" (specific denial of discharge for a particular creditor) complaint. This Motion must be filed on or before 60 days after your initial 341 meeting and typically will request a 60 to 90 day extension.

    Bottom line: The quicker you correct the errors in the Schedules and Statements and supply ALL requested documents, personal and business, to whomever is asking for them, the less likely an extension will be requested and the more likely you will be entitled to a timely discharge.

    Des.

    Comment


      #3
      Originally posted by despritfreya View Post
      I guess you are the poster-child for why one should hire an attorney especially when one's case is not "run of the mill". (Not that any case is run of the mill but some are closer to it than others.)
      Exactly.
      All information contained in this post is for informational and amusement purposes only.
      Bankruptcy is a process, not an event.......

      Comment


        #4
        Going pro se with known loose ends is a double whammy. Pro se -ers are closely scrutinized anyway. With a business account involved is truly over the head. I'm pleased you decided to get a lawyer. I expect it will go better next pass. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment


          #5
          Wow. If I had all those complicated issues I would never try to tackle it alone unless I was an attorney myself. You were brave!
          4/29/2011 - Filed Chapter 13, have to pay a massive payment each month!
          6/16/2011 - 341 meeting
          7/21/2011 - Confirmed!

          Comment


            #6
            Good grief...and best wishes going forward!!!!

            Comment


              #7
              I tried to file 2 years ago with the local big adverter - they took $3000 from me and never filed. I had a big lawsuit against me from a credit card company and knew it had to be done so I filed Pro Se.

              I called the attorney that did the amendment for me - he setup a meeting with me tomorrow to go over every thing - he said he was not sure that he would help me continue with the mess I have.

              If he drops me - I will be asking the trustee (if I can get ahold of her) who I can go to for help. She already chewed me out for trying pro se so I hope she can send me to someone verses just dismissing the case.

              Comment


                #8
                Originally posted by AngelinaCatHub View Post
                Going pro se with known loose ends is a double whammy. Pro se -ers are closely scrutinized anyway. With a business account involved is truly over the head. I'm pleased you decided to get a lawyer. I expect it will go better next pass. 'Hub
                Holy crap - I just saw you signature - that had to be stressfull.

                Comment


                  #9
                  So sorry to hear it did not go well for you. Hopefully, the attorney will help you.

                  Best of luck!
                  Filed CH 7 4/15/11
                  341 5/23/11
                  DISCHARGED & CLOSED ON 7/27/11

                  Comment


                    #10
                    3 hour meeting with attorney yesterday - he said if he does it - it is just for the challange. I ask him how much it will cost me - he said "I dont need to work, If I charged you for my time - you must have a hell of a lot of money" Then he looked and me and told me to go home - I am sceduled to meet with him again wed.

                    Comment


                      #11
                      benchracer, best wishs...I don't know but sometimes the attys like to speak in a code...

                      Comment


                        #12
                        Yes, this certainly is a case that should have required review by an attorney; however, I won't dwell on that. I'm glad to read that you have found an attorney that has some pro bono time on this hands to help you. What I'm really worried about, is if the UST now becomes "more" interested in your case. The schedules and the property that you have is very very important to adjudicating and liquidating the estate -- if necessary. If you don't know the actual legal status of these items, it would be very difficult for the Trustee to evaluate and liquidate the estate.

                        I'm guessing that, as Des wrote, you'll be seeing a motion to extend the timeline, unless your attorney works some miracles.
                        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

                        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                        Comment


                          #13
                          2 hour meeting with attorney today - scheduled to meet with him again tomorrow. Second 341 Tuesday of next week.

                          Today he agreed to take it.

                          Says a vehicle and property that were sold over 2 years ago - the trustee will go after it since we did not do all the right paper work. So even if I get a discharge which he claims is doubtful - I will have 2 more people angry with me when it is done.

                          I mentioned moving out of the country - he said that would be a wise idea.

                          Comment


                            #14
                            Originally posted by Benchracer52 View Post
                            I mentioned moving out of the country - he said that would be a wise idea.
                            Take me with you!!!
                            4/29/2011 - Filed Chapter 13, have to pay a massive payment each month!
                            6/16/2011 - 341 meeting
                            7/21/2011 - Confirmed!

                            Comment


                              #15
                              Originally posted by Benchracer52 View Post
                              I mentioned moving out of the country - he said that would be a wise idea.
                              Come on. Your attorney really didn't say that over a avoidable transfer?
                              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

                              Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                              Comment

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