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341 meeting tomorrow (Monday, 23 Dec)

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    341 meeting tomorrow (Monday, 23 Dec)

    Our 341 meeting is tomorrow. A little nervous naturally. But I am thinking about NOT reaffirming my car. Will I have to amend my petition?

    thanks

    #2
    No. Your Statement of Intention is just that. . . a statement of what you intend to do. You can change your mind.

    Relax. The 341 is no big deal.

    Des.

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      #3
      Not only are you not required to follow through with the reaffirmation, but it is possible that even if you wanted to, the judge would refuse to grant it--especially if the car is worth less than you owe. In any case, we frequently advise people to put "reaffirm" on their Statement of Intentions, even if they have no intention of doing so, so that the lender cannot repossess the car until after discharge (unless of course, they pay for a motion to lift the stay, which most lenders won't bother doing).

      If you wish to do a "ride-through" and just keep paying and retain the car, you should be able to do that. Alternatively, if you wish to surrender the car, you could quit paying now, and probably drive it for another 2 or 3 months payment-free, before they get around to repoing it.

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        #4
        You just tell the trustee you're not reaffirming it. That's what I did. It seemed to work.

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          #5
          I do not remember the trustee asking if if we were going to reaffirm ours. We did anyway, because we wished to continue doing business with our CU. 'Hub had been a member for nearly 40 years and always got good service. And we only had about 10 -12 months yet to go on the loan, and it was not going to cause a 'hardship'.

          Just do all the things recommended to do, the night before: have your picture ID (typically DL) and your SS cards with you. Know where you are going to meet. Leave plenty early beforehand so that if there are traffic/parking/ or getting lost problems, those will not become an issue.

          Also have plenty of quarters with you in case you have to feed parking meters. LOL

          Let us know how it goes.....
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."

          Comment


            #6
            Yes, be sure you know which room to go to at the bankruptcy court! My husband and I had our 341 meeting a few weeks ago, and I worried so much about it, but it turned out not to be a big deal. The worst part of it was that we nearly missed the meeting because we forgot which room we were supposed to go to at the courthouse!

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              #7
              Good luck tomorrow. My 341 was such a non-event and I was very worked up about it.

              My paperwork said I intended to reaffirm both my house and my car. The trustee didn't ask me, but I ended up not reaffirming either.

              Oddly, my lawyer told me there was no such thing as a stay and pay anymore, but it's exactly what I ended up doing and both the mortgage and car lender are fine with it.
              Chapter 7, above median, no asset. Discharged with no UST involvement.

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                #8
                I have my 341 tomorrow too! I too listed my intentions to reaffirm. The lender wont agree to a reaffirmation, so I'm going to let it go. Good luck at your meeting! I will post my experience tomorrow when done =)
                Filed 11/14/13 ____FICO 515
                341 12/23/13 ____FICO 545
                Discharged 03/03/2014

                Comment


                  #9
                  Just got back. Phew!!!! Big weight off my shoulders. Hearing was at 9am. Got there at 8am lol. There were roughly 15 parties in the room. Once my name was called the trustee just asked simple questions to affirm that everything I've done is true and correct. Maybe 45 seconds if that. There were a lot of people that had filed bankruptcy for the second time. If I took anything away from this 341 experience is that I vow to never return
                  Filed 11/14/13 ____FICO 515
                  341 12/23/13 ____FICO 545
                  Discharged 03/03/2014

                  Comment


                    #10
                    Just for the record, the trustee doesn't ask whether you're going to reaffirm anything--I mentioned it to him because I had decided not to reaffirm. I probably didn't need to inform him.

                    Comment


                      #11
                      We just returned from our 341 hearing. As everyone said, it was, "no big deal". Thanks everyone for your comments and support.

                      Comment


                        #12
                        Originally posted by kmayesaz View Post
                        We just returned from our 341 hearing. As everyone said, it was, "no big deal". Thanks everyone for your comments and support.
                        Both of us should have a similar discharge date. Yay us!
                        Filed 11/14/13 ____FICO 515
                        341 12/23/13 ____FICO 545
                        Discharged 03/03/2014

                        Comment


                          #13
                          Hi Folks:

                          I tried to tell you that you would be okay. I hope you all have a little bit of a nice wine and nice dinner at home, or your favorite restaurant and celebrate a little. Or roll it all into the Christmas celebrations!
                          "To go bravely forward is to invite a miracle."

                          "Worry is the darkroom where negatives are formed."

                          Comment


                            #14
                            Wow Pacer already updated with, Awaiting Discharge 12/24/2013 Chapter 7 Trustee's Report of No Distribution. The full detail shows my total amount of debt being discharged. My deadline is 2/21/14.
                            Filed 11/14/13 ____FICO 515
                            341 12/23/13 ____FICO 545
                            Discharged 03/03/2014

                            Comment


                              #15
                              Congratulations OCKolby! I looked on Pacer but did not find that information about my case. I did find "A Request For Services of Notice" dated the same day as my hearing by a creditor I did not know existed. Is this something I should be worried about? I am going to see my attorney tomorrow and I will ask him, but just thought I would put it out there on this forum.

                              Comment

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