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Had our meeting...few questions

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    Had our meeting...few questions

    We had our meeting today. He did have a few questions above the usual because my husband makes a good income we are keeping our house, but b/c of the housing crash have no equity in it. He also commented that our property taxes are ridiculously high, but I felt like that was a side bar. We are over the income for the means test but our lawyer said we qualified for CH 7. Anyway I got really scared when he starting asking questions, but we answered everything honestly and to his satisfaction and he approved it(thought I don't remember what he said exactly because my head was spinning). Will be checking PACER for our status as soon as my account gets approved.

    So here are my questions:
    Does the trustee ever reverse the ruling? I read they have 14 days, but our lawyer seems confident and so does my dh, but this process just makes me so nervous.

    I asked my lawyer about spending until the discharge and he said that the trustee doesn't care as long as you aren't going out and buying furniture or large items. I said what if I have a large grocery bill one week because of needing extras etc or paying for the kids activities and he said...so you were hungry that week..they don't look that much into it. That we can buy food, clothes and sign kids up for activites...that is all allowed. Is this really the case? From reading here I feel like they really scrutinize your spending. This is a very reputable lawyer, we saw several, but went with him because of the good things we heard so I know I should trust him.

    Our trustee didn't ask for anything in addition to what we already provided, but do they review the case more carefully now that the 341 is over and request it later? He seemed so laid back really...even when he asked why we had this debt when my husband makes a good wage, I explained about our medical debt and was just staring to elaborate on the surgeries and health complications my son had and he was like no, that's ok. No explanation over medical is necessary and then dismissed us.

    This is just so much stress. I know I am driving my dh crazy....I need constant reassurance this is going to be OK! The next 60+ days is going to be long

    #2
    Originally posted by edv1233 View Post
    Does the trustee ever reverse the ruling? I read they have 14 days, but our lawyer seems confident and so does my dh, but this process just makes me so nervous.
    A Trustee cannot reverse a ruling. They can only petition the judge if they did not like a ruling. This is standard procedure in any court case. Any party to the Order/Judgment can "appeal" and have something reconsidered, or appeal it to a higher court. Unless this is something that is "new" and ripe for litigation and appeal, the Trustee is not going to second guess the court. What is your specific concern?

    Originally posted by edv1233 View Post
    I asked my lawyer about spending until the discharge and he said that the trustee doesn't care as long as you aren't going out and buying furniture or large items. I said what if I have a large grocery bill one week because of needing extras etc or paying for the kids activities and he said...so you were hungry that week..they don't look that much into it. That we can buy food, clothes and sign kids up for activites...that is all allowed. Is this really the case?
    The Trustees do not scrutinize spending UNLESS (generally) two things happen. First, you are an over-the-median income filer and b.) there are large purchases (furniture, expensive vacations) on credit cards or large amounts of cash missing from your bank with 90 days of filing. Going to the grocery store, stocking up on food, buying gas for your car, buying oil for your home, purchasing clothing and shoes, going to the dentist, going to the doctor and other "non-luxury" purchases are not questioned!

    Originally posted by edv1233 View Post
    Our trustee didn't ask for anything in addition to what we already provided, but do they review the case more carefully now that the 341 is over and request it later? He seemed so laid back really...even when he asked why we had this debt when my husband makes a good wage, I explained about our medical debt and was just staring to elaborate on the surgeries and health complications my son had and he was like no, that's ok. No explanation over medical is necessary and then dismissed us.
    The Panel Trustee is typically only looking for assets to distribute. They generally look at your case, but it is the job of the Office of the United States Trustee (OUST) to police the bankruptcies. They do this by closely examining the over-the-median income cases, and cases that were randomly selected for audit. If the UST was not at your 341 Meeting you are on the road to a quiet discharge in 60 days (from the 341 Meeting).

    Originally posted by edv1233 View Post
    This is just so much stress. I know I am driving my dh crazy....I need constant reassurance this is going to be OK! The next 60+ days is going to be long
    If you made it through your 341 Meeting and the UST was not present, there should be NO STRESS AT ALL. You are comfortably in Club Sixty (a/k/a The 60 Day Club). You just wait out your time.

    There should be no further reassurance required.

    (By the way, the Panel Trustee says that "this meeting is concluded" to indicate that he is done with the 341 Meeting and there will be no continuation of the 341 Meeting. The Trustee will usually say "Good Luck" as well.)
    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


      #3
      My only specific concern is that he will change our no asset CH 7 to a 13 b/c of our income, but our lawyer told us that won't happen.

      We are not making any purchase that are luxury, but my two specific concerns on that(and I addressed them with our lawyer) is my dd has a tournament that we have to pay for a hotel and fees($300) and she used some of her birthday money to save for part of the cost for this. Also my dad is taking my family and my brother's family on a trip in June(We should be discharged by then, but it will be close the date on our paperwork is 6/3 and we leave the 15th). We are not paying for any of it(my parents know our situation) and this was planned a year ago with them footing the bill for both families regardless. I told our lawyer we would be going and what if we spent a little money out of state for something small while we were out there and he said it would be fine again as long as we are not spending a large amount or purchasing large items. We are allowed to leave the state when filing a bankruptcy case and the trustee won't follow you..His sarcasm was to relieve my stress.

      Nobody was there besides the trustee, lawyers and people filing from what I saw. Would we have known if there was?

      Thanks for answering me....you helped relieve my stress

      Comment


        #4
        Originally posted by edv1233 View Post
        Nobody was there besides the trustee, lawyers and people filing from what I saw. Would we have known if there was?
        I assume you're asking about whether you would have known if any creditors had shown up. And yes, you would have known. The trustee would have called them before your session was over.

        Welcome to the 60-day club!
        Filed Chapter 7: March 19, 2012
        Discharged! June 28, 2012
        CLOSED!!! August 8, 2012

        Comment


          #5
          Originally posted by bookworm View Post
          I assume you're asking about whether you would have known if any creditors had shown up. And yes, you would have known. The trustee would have called them before your session was over.

          Welcome to the 60-day club!
          Thank you...the countdown begins

          I was talking about the UST that justbroke mentioned.....

          Comment


            #6
            I worried over the same thing we had to travel out of state and get a hotel for one night before we filed or had our meeting. I was sure the tt was gonna ask what that was all about when he looked at our bank statements, we paid everything with debit card. The amazing people on this board said not to worry as my lawyer did and they were right not a peep about it.

            We also were over median income and had a few things that we paid more for than what was allowed by federal standards. The US trustee asked for documentation before our 341 meeting and I was worried we were headed for a 13. Day of meeting lawyer arrived went to talk our tt to see if US TT was gonna show up he just smiled and winked. The US TT never showed up which our lawyer said was a good sign and we would sail though and we did.

            Like you I held my breath for those 14 days and drove my hubby crazy all for nothing.

            Welcome to the 60 day club

            Pam

            Comment


              #7
              Do not worry about the UST. You are okay.
              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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