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341 Hearing today...a play by play report

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    341 Hearing today...a play by play report

    My 341 hearing was today; I was supposed to be there at 8:30, and I got there a little after 8. I took my id and ss card, a couple of dollars, and my car keys. My lawyer had the file with all the docs.
    It all took place in a small courtroom with seating for 75 people, and every seat was taken. First the trustee, who wore a loudly striped shirt with bright pink, horizontal stripes, slacks and a cowboy belt buckle, swore us all in.
    Let me tell you about the crowd. Most of the people were old and unwell. This was the first thing I noticed. The others were either young married people or single filers of various ages. Three of us were dressed in work attire (professional looking) and the rest were dressed in very casual clothing. So we had couples over 65 with obvious disabilities (walkers, canes, etc.) and the working poor, who were obviously blue collar folks with little means.
    One by one each of us had our turn with the trustee.Several people had to come back with more information in 7-21 days or return to court.
    The trustee was especially hard on a guy who cashed out his 401 K in September of 2004; he told him to bring bank statements and canceled checks to prove what the money was spent on. I think he cashed out $22,000 and used it for living expenses and for business expenses; he is now unemployed.
    He also asked several people who sold cars in the last year to relatives bring him titles -- he told one girl, who filed pro se to bring the title to the car she sold her mother last spring, that it was a voidable sale and he would get the car, less what was owed to the bank. He also told her to amend her petition to show her bank account, which was not included on the original. She used an online service, American Bankruptcy or something. She asked him how she is to amend it.
    "I don't know," the trustee said. "I guess you need to go back to whoever did this for you in the first place, and talk to them."
    When she left the room, she was nearly in tears.
    One poor guy and his wife, both over 65, were told they would have to relinquish to the trustee their interest in the family farm in Oklahoma, 200 miles away. The woman's brother also has interest in the farm, which is not a home place for either of them. I wondered -- will the farm be sold?
    I was called almost last. As you may recall from earlier posts, my lawyer also represents a young woman who paid half of what I'm paying him -- she is an exotic dancer. She was there, in front of me. She wore a very brief camisole, that showed her cleavage, which from the size of her, looked as though it must be enhanced a lot. She wore a black skirt that was slit almost up to her waist on the side, and a pair of black platform high heels. I really felt sorry for her, because she was obviously so lacking in decent clothes, and everyone snickered at her. So if she gave my lawyer a lapdance for the extra money she didn't pay on the bk, it's OK. I forgive.
    I was nervous as hell.
    When it was my turn, the trustee -- who had a loud voice and said everything like he wanted it heard in the next county -- asked me about my works and my salary and said he wanted a copy of the deed to my house that shows my name and my husband's as joint tenants, and he wants a copy of all my credit card statements showing that they are mine alone.
    No problem. I will get these to him pronto.
    I walked out of there a little shaken by all I had seen, and determined to do what I can to bring about some changes in the system. The new law is going to make it even easier for jerks like this trustee to take stuff from people.
    I had a nosebleed on the way back. I get those when I'm really angry.
    Filed Chapter 7, 8/16/05, 341 10/12/05
    Discharged 2/16/06, Case Closed 3/8/06
    FICA Score (Equifax) as of 10/13/06 - 645
    (It was 506 on 10/12/05)

    #2
    Wow...your 341 was a lot more interesting than mine. We had some of the same people dressed like they were going to a b'cue and some dressed business casual. We had one couple in front of us who apparently had a lot of assets including land and who were drubbed pretty hard by a creditor. Other than that there werent that many people there. I too was nervous, my husband on the other hand never lets anyone see him sweat. Ours was over in a few minutes.
    The good thing is it is over save for you submitting the paperwork. Now you play the waiting game which may be longer than average so dont worry if it doesnt happen quickly. Good luck..

    Comment


      #3
      Very different from mine... The room held 20 at most, though there were other meeting rooms of the same. There was one man over 65 (trustee questioned him about his disability pay and he said it had stopped as SS had kicked in). All others, I'd guess 25-35. My trustee questioned about home values, nothing more really.
      Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

      Comment


        #4
        If the trustee asks for "extras" like credit card statements, etc. does he want them immediately? Can you leave and come back? Do they have a printer you can use to print new stuff out?
        Filed: October 13th, 2005
        341: April 11th, 2006 (Took 6 mos.)
        Discharged: May 31st, 2006
        Closed: May 31st, 2006

        _________________________________________
        Chapter 7

        Comment


          #5
          They let people come back in a few days

          Originally posted by debtjumper
          If the trustee asks for "extras" like credit card statements, etc. does he want them immediately? Can you leave and come back? Do they have a printer you can use to print new stuff out?

          Most of the people were able to come back within 7 days to three weeks. He gave me three weeks to get the stuff back to him; other people had until the end of the day to get a copy to him, like a title or something like that. It was all very casual.
          Filed Chapter 7, 8/16/05, 341 10/12/05
          Discharged 2/16/06, Case Closed 3/8/06
          FICA Score (Equifax) as of 10/13/06 - 645
          (It was 506 on 10/12/05)

          Comment


            #6
            If the trustee asks for credit card statements ,I am gonna freak. Since filing I have checked to see if I can still login to my accounts and they all deny me. I do not recieve paper statements. I elected a long time ago to only recieve paperless statements from my cc's.(help the enviroment!?) What would I do about getting a statement???
            Bk filed 9/27 Pro Se
            341 11/7 DONE!
            Discharge 1/16
            Closed 1/26
            Arizona

            Comment


              #7
              You could call the creditors and ask.

              Originally posted by skincomplicity
              If the trustee asks for credit card statements ,I am gonna freak. Since filing I have checked to see if I can still login to my accounts and they all deny me. I do not recieve paper statements. I elected a long time ago to only recieve paperless statements from my cc's.(help the enviroment!?) What would I do about getting a statement???
              Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

              Comment


                #8
                Originally posted by StaciMM
                You could call the creditors and ask.
                Doh! I'm sure skincomplicity wants to do that (not).

                Comment


                  #9
                  Right now I am doing just that, calling credit card companies and lenders for the last statement. They are all being nice, except for Bank of America nd Discover, who will not fax it but want to mail it out. That will take 7 - 10 days.
                  And Bank of America said it will cost me a $3 document charge, and I said, OK. I guess they will add it to the bill??? (LOL).

                  I feel bad about all this, but I shredded all the docs. I should have kept them, I suppose, but they were a cause of pain.
                  Filed Chapter 7, 8/16/05, 341 10/12/05
                  Discharged 2/16/06, Case Closed 3/8/06
                  FICA Score (Equifax) as of 10/13/06 - 645
                  (It was 506 on 10/12/05)

                  Comment


                    #10
                    Good God, Pinktiger. Now I'm really getting sweaty!

                    Comment


                      #11
                      LOL - accentone - I am not laughing at you, I am laughing with you. This is exactly what I meant in the PM to you about reading this board. Everyday I get more "anxious" over things I have read, but I can't keep away! I am sure it will go okay for everyone!

                      Comment


                        #12
                        Teri--I know, reading this board makes me feel great some days, and horrible the next. Did you read the most recent thread on Motion to Dismiss? Yikes. I'm beginning to feel like we're all Dorothy and her bunch stepping before the Great and Powerful Oz!!

                        Comment

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