top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

My 341 experience

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    My 341 experience

    Hi everyone,
    I had my 341 this morning. There were only 3 people present besides the trustee and security officer. One I assume was the other man’s attorney. I was early and my attorney hadn’t yet arrived and the other man went first. His seemed to be straight forward at first. Part way through I heard him say that he moved in with his mother. I was sure that he had stated that he hadn’t moved in the last year or two but hadn’t been paying that much attention. The trustee asked when he had moved in with his mom. He said about a month and a half ago. The trustee kept asking questions and the man told him that as an OTR truck driver he was only home on weekends so didn’t see the need to live anywhere else. From the conversation it appeared that he had been living with his mom for longer than 1.5 months. The trustee asked him several times during this time about his listed address and whether he lived there. As it turned out, he was giving the man the opportunity to confirm what he had listed as his homestead exemption of 15000. Ouch! After extensive questioning, politely too, he told the man that he had claimed a homestead exemption that he may not be entitled to. There was a bit more talking but he really couldn’t take back what he insisted was the truth. And it looks like he lost that exemption.
    Mine went well. He asked about me emptying my checking account and opening a new one just before filing, I explained that I had a credit card with that bank so I opened a second checking account. I told him where the funds went, (1175 to attorney, 300 for groceries for the week and the rest into the new account. He commented that the paperwork verified this. He then asked about a purchase back of service credit from my retirement plan. This cost 16000 dollars less than 2 years ago. By purchasing this credit, I increased my pension by over 500 a month. I had a spouse contribution that had been paid in and since I was widowed I had the option of using that portion to purchase service credit for jobs that I had had earlier I life and took refunds of the contributions when I left. I took out a loan for the remainder of the 16000 that wasn’t covered by the spouse contribution. That loan had been paid off. He quizzed me on this and seemed ok. This pension money is protected from creditors because of what type it is. I don’t have access to it until I retire. My attorney was there and afterwards told me in front of the trustee that I would receive my discharge in 2.5 months.
    Overall, it was as much of a non-event as it could be under the circumstances. I hadn’t been concerned since I had a good attorney who had told me that everything looked good. Turned out to be ok.
    I just thought I would post my experience.

    #2
    Congratulations...having a good attorney can sometimes make all the difference. Good luck going forward!!!
    Filed Chapter 13 - 07/20/12
    Discharged 8/2/16

    Comment

    bottom Ad Widget

    Collapse
    Working...
    X