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341 in a few days...nervous!

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  • 341 in a few days...nervous!

    Hello everyone,
    My husband and I filed a no-asset chapter 7 bankruptcy and have our 341 meeting Thursday. We have been told our trustee is a great guy, very laid back but that's not much consolation for me! I have a few questions...

    1. About 3 weeks before we filed, I was stuck in the middle of Montana with no money, a non-working debit card, and no gas. In a pinch I used my credit card to put enough gas in my vehicle to make it home. Will the trustee allow me to explain this? Could my whole case get thrown out over $40 in gas? I'm terrified about this.

    2. My attorney said no documentation aside from ID and my social were necessary at the meeting, however he mentioned the trustee was getting mad about people and their tax returns so he may start requiring receipts. Should I just bring my receipts with me to the meeting? My thoughts were that he might not actually take them if I'm forthcoming and prepared. I also have nothing to hide and would like this to be over sooner rather than later.

    3. Two days before we filed, my husbands wheel fell off while he was on the freeway. The tire company that just installed his new tires accepted responsibility and want to pay for the body damage to the vehicle. Is this considered a "claim" against them? I'm just not sure how to answer the "do you have any claims against anyone" question.

    4. What is PACER? I've read you all talking about it, but our attorney never mentioned anything.

    I'm so nervous that I've been unable to sleep and have actually been prescribed a sedative due to my high anxiety! This has been so nerve-wracking and difficult.

  • #2
    Welcome to BKforum, memama! I'm sorry this is so difficult for you, but relief will come soon.

    1. The trustee doesn't care. The worse that can happen is that the $40 would not be discharged. For that to happen, the creditor would have to file an adversary proceeding and prove that the charge was fraudulent. They aren't going to do that for $40.

    2. I wouldn't bring the receipts unless your attorney tells you to. Having them won't keep the trustee from wanting them if he was going to ask for them in the first place. If your trustee wants to see the receipts, it's better to let your attorney have the opportunity to review them before submitting them to the trustee. If you hand them over on the spot, he won't have that opportunity.

    3. Ask your attorney how to answer the questions if it is asked.

    4. I doubt many attorneys mention PACER to their clients. It is the Federal Courts' electronic filing system. You can use it to view everything that happens in your case. If your attorney is doing his job, you don't need to worry about PACER. But, it never hurts to keep an eye on your case yourself. For more information see The Ultimate Pacer Guide and Tips thread.

    Try not to worry so much. I know, easier said than done. As long as you have been and continue to be honest, there is nothing to worry about. On Thursday evening you'll probably do what so many BKforum members have done before: come back here to post how easy your 341 was and that you can't believe how nervous you were.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

    Comment


    • #3
      Originally posted by memama View Post
      Hello everyone,
      My husband and I filed a no-asset chapter 7 bankruptcy and have our 341 meeting Thursday. We have been told our trustee is a great guy, very laid back but that's not much consolation for me! I have a few questions...

      1. About 3 weeks before we filed, I was stuck in the middle of Montana with no money, a non-working debit card, and no gas. In a pinch I used my credit card to put enough gas in my vehicle to make it home. Will the trustee allow me to explain this? Could my whole case get thrown out over $40 in gas? I'm terrified about this.

      2. My attorney said no documentation aside from ID and my social were necessary at the meeting, however he mentioned the trustee was getting mad about people and their tax returns so he may start requiring receipts. Should I just bring my receipts with me to the meeting? My thoughts were that he might not actually take them if I'm forthcoming and prepared. I also have nothing to hide and would like this to be over sooner rather than later.

      3. Two days before we filed, my husbands wheel fell off while he was on the freeway. The tire company that just installed his new tires accepted responsibility and want to pay for the body damage to the vehicle. Is this considered a "claim" against them? I'm just not sure how to answer the "do you have any claims against anyone" question.

      4. What is PACER? I've read you all talking about it, but our attorney never mentioned anything.

      I'm so nervous that I've been unable to sleep and have actually been prescribed a sedative due to my high anxiety! This has been so nerve-wracking and difficult.
      Honestly, I don't see that you have anything to worry about.

      The $40 is nothing, it's peanuts. If that's the first or only credit card transaction you've had in months then you have nothing to worry about. I certainly wouldn't let it bother me.

      I'm really not sure why people get so nervous about BK, you should be feeling relief at having this debt behind you and be looking forward to the future without that large debt cloud hanging over you.

      Comment


      • #4
        LadyInTheRed,
        Thank you so much for taking the time to answer my questions. I'm so incredibly nervous it is ridiculous

        I'm really worried about the whole process because I like to follow the rules and do the "right" thing, but it has been reiterated to us over and over again that bankruptcy is something WRONG and to be ashamed of. I'm also a person who feels guilty for no reason quite often...

        I contacted our attorney's office and his receptionist said bringing the receipts won't be a bad thing, so it's up to us. Since our tax refund was quite large ($6000), I would think that this might expedite the process if he DOES want the receipts. Better to come prepared, I guess? I can't imagine him *not* wanting our receipts...and to be honest, if we have to pay the $6000 refund back to our estate, paying 6 grand to get rid of $270k of debt is TOTALLY worth it.

        However, I'm quite worried about AP's happening. I don't know that I have reason to be worried, but I think this situation is complicated by the fact that we're moving as soon as our 341 is over and our kids are out of school. So I'm terrified that there may be additional expenses and additional court hearings...

        This just plain stinks!

        Comment


        • #5
          There is no point in worrying about APs unless you know there is something to worry about. A $40 dollar charge is not something to worry about.

          By filing bankruptcy, you are doing the right thing and following the rules. Don't feal guilty. You are making a business decision just like your creditors made a business decision to take a risk in extending credit to you. They extended so much that you now can't pay it. They wouldn't feal guilty about raising your interest rates and making your minimum payments even higher. They aren't likey to do anything to work with you to avoid having to file BK, I know my creditors wouldn't. They don't give you a second thought.

          Get past the shame, learn from your mistakes and move on to your fresh start with your head held high for taking decisive action to do what is best for you and your family. You haven't mentioned anything about your case that would suggest that you won't get that fresh start. I see from another thread that you recieved and spent your tax refund on living expenses before filing BK. It's not going to be an issue if you have receipts to show how you spent the money. People have had much bigger potential issues in their cases than you do and got through their BK without any problems.

          This will all be over soon!
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

          Comment

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