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341 Meeting in November

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  • 341 Meeting in November

    I just received my papers stating that my 341 meeting is on November 14.

    I have already taken the credit counseling course and just have to show up with my ID and SS card.

    My case is a chapter 7 - No asset

    Plan on re-affirming the vehicle, plan on paying and staying in my home, I will not re-affirm this just in case.

    Money is still gonna be tight until February when the attorneys cash the final check. Then I can start saving that money for emergencies.

  • #2
    Why are you reaffirming the auto?
    Chapter 7, above median, no asset. Discharged with no UST involvement.

    Comment


    • #3
      I am not sure if they will repo it if I don't, I am not behind on the payments I got a letter from them today saying I can no longer use the online to pay. I should have asked them if they would repo it if I chose not to re-affirm, my atty said some lenders will repo.

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      • #4
        Who is the lender? Somebody here may be able to tell you there experiences with the lender. Also, there is little harm in calling the lender and asking.

        What is the car worth and how much do you owe?
        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!

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        • #5
          Lady the lender is ALLY Bank, did you mean there is harm in calling and asking or no harm in asking them? The car value is about the same that is owed on it maybe alittle less.

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          • #6
            Just an update My 341 meeting was last Friday, it went good. I thought they would go in alphabetical order but he didn't, I was the fifth one called up, sworn in, asked I had seen the paperwork, if it was accurate, no creditors showed up just my atty. The trustee did ask about the value of my property and other houses in the area being valued in the 200,000 range. I told him they were across the street on lake front property. I was done.

            The guy who went before me not so good I don't know if he's atty's were in competent of not, he showed up without his SS card, the trustee reassigned a new meeting date for next month, then when the trustee was reviewing his paperwork, the guy had filed in December 2009 Ch 7, the trustee informed they guy he was not eligible for a discharge and the guys atty just sit there, never said a word.

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            • #7
              Originally posted by mbjr73 View Post
              the guy who went before me not so good i don't know if he's atty's were in competent of not, he showed up without his ss card, the trustee reassigned a new meeting date for next month, then when the trustee was reviewing his paperwork, the guy had filed in december 2009 ch 7, the trustee informed they guy he was not eligible for a discharge and the guys atty just sit there, never said a word.
              wow

              Comment


              • #8
                Originally posted by flaguy View Post
                wow
                Hope the debtor got a refund. If not, I wonder if that's enough for malpractice? The damages are pretty low though, so it's probably not worth it to any attorney, even if that is malpractice.

                Comment


                • #9
                  Originally posted by mbjr73 View Post
                  Lady the lender is ALLY Bank, did you mean there is harm in calling and asking or no harm in asking them? The car value is about the same that is owed on it maybe alittle less.
                  Sorry, I didn't se this before. For what it's worth at this point, I should have said that there is no harm in calling.

                  Glad your 341 went well!

                  Originally posted by avengers View Post
                  Hope the debtor got a refund. If not, I wonder if that's enough for malpractice? The damages are pretty low though, so it's probably not worth it to any attorney, even if that is malpractice.
                  I wonder if the attorney asked if he had previously filed a Chap 7. If the attorney did not ask, I'd say he should return his legal fee and the court filing fee. If the attorney did ask and the client said he had never filed or said he filed longer ago than he did, then the question is whether the attorney had an obligation to confirm what his client told him. It is very simple to determine whether somebody has filed BK in the past. Is it an attorney's obligation to search for a prior BK? I don't know. I think it is a good idea and a do think it is the attorney's obligation to at least ask about prior BKs before advising a client to file a Chap 7.
                  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


                  • #10
                    wow. I feel bad for the guy that went before you... maybe the attorney didn't say anything because they had already advised him he couldn't file again so soon but he didn't want to listen?

                    Comment

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