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341 Meeting, grrr

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  • 341 Meeting, grrr

    Well yesterday we had our 341 meeting. However after waiting over 3 hours it got continued to October due to the trustee saying we didnt turn in our 08 tax return, which we did. We turned it in to our attorney back in July. Our attorney has an email from the trustee's secretary last week stating that we had everything in.

    So now we have to miss another day of work (my husband works in construction and he doesn't have vacation/personal time so he just doesn't get paid). Needless to say I am beyond irritated.


    I suppose the only upside is we now know what to expect. Our trustee called people up in groups, then swore them in person by person until he had approx 20 people in front of him. He ask the general questions to all the group (such as did you read the petition etc). He then questions the person/couple as to why they have the debt and if there is a mortgage and second mortgage when they were acquired. After the groups are done he then speaks with the individuals/couples that he has more questions for.
    I know he told one couple he didn't believe what they were saying about how much their home was worth (they said 40k the county says 80k), so he would be sending someone out to figure out how much their home was worth.

    So anyway this seems to be how the 341 meeting works here in Arkansas.

    Also I was surprised that there was only two creditors there, both of them were from Arvest (Which is basically owned by Wal Mart).

  • #2
    I am so sorry that happened to you. I can imagine how frustrated I would be if that was me and my husband. I am fortunate in that I work in the building next to the courthouse so I was able to leave work just a couple of hours early. I love your positive attitude though and I'm glad you got a chance to see how the 341's operate. Now you will not be nervous when your turn comes around again.

    We had our 341 yesterday as well and I'm grateful it went smoothly. I'm sure you and your husband will in the 60 day club soon!
    Filed: 8-19-09
    341: 9-21-09
    Notice of Discharge: 11-28-09

    Comment


    • #3
      Agh, bummer. You get all ready to face your 341...then it gets continued....

      At my 341 a lot of people got their 341 postponed because their file was missing something.

      So what happened and who "dropped the ball" on the copies of the Tax Return?
      May 2008 Hired 1st Attorney/Stopped paying CCs
      May 21, 2009 Retained 2nd Attorney
      May 28th - Filed for Ch 7 (FINALLY!)
      9/11/09 - DISCHARGED!!!!

      Comment


      • #4
        This is exactly why I will be bringing my stuffed to the gill 3" 3 ring binder with copies of every single thing I have done or have received from this process. If they try to tell me they don't have my 2008 tax return, they will a copy in their face right there!
        New Orleans: Home to the World Champion Saints, the biggest enviromental disaster and the biggest natural disaster in the history of this nation. Proud to call it home!

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        • #5
          Originally posted by LSUTiger32 View Post
          This is exactly why I will be bringing my stuffed to the gill 3" 3 ring binder with copies of every single thing I have done or have received from this process. If they try to tell me they don't have my 2008 tax return, they will a copy in their face right there!
          That's what I did, I had extra copies of tax returns, bank accounts going back a year, pay stubs, everything. The TT only asked for my domestic obligation (child support) form. My lawyer beat me to the punch pulling out a copy...ha.

          Sorry to hear you got continued, but I'm sure you'll be fine once the file is in order. Hopefully if you have a lawyer he's not charging you if they messed up....!
          Filed Chapter 7 08/06/09, unsecured debt of $109,000
          341 Meeting 09/09/09
          Discharged 11/12/09
          Closed 12/14/09

          Comment


          • #6
            Originally posted by killinstinct View Post
            That's what I did, I had extra copies of tax returns, bank accounts going back a year, pay stubs, everything. The TT only asked for my domestic obligation (child support) form. My lawyer beat me to the punch pulling out a copy...ha.

            Sorry to hear you got continued, but I'm sure you'll be fine once the file is in order. Hopefully if you have a lawyer he's not charging you if they messed up....!
            I too brought everything with us to our 341. When the trustee asked for documents that were missing (even though I had supplied them to our lawyer at an earlier date) I presented them to him but he would not take them and instead continued our 341. How stupid. Anyway we didn't have to go to the second 341. Our lawyer just rescanned the documents and the trustee was satisfied. It is just wierd how the 341's are different for every district. Isn't it?

            Hopefully you can just resubmit you tax return and not have to return for the continued 341. Good luck.

            Comment


            • #7
              Originally posted by Kingxray View Post
              I too brought everything with us to our 341. When the trustee asked for documents that were missing (even though I had supplied them to our lawyer at an earlier date) I presented them to him but he would not take them and instead continued our 341. How stupid. Anyway we didn't have to go to the second 341. Our lawyer just rescanned the documents and the trustee was satisfied. It is just wierd how the 341's are different for every district. Isn't it?

              Hopefully you can just resubmit you tax return and not have to return for the continued 341. Good luck.
              Wow! Even though you had the documentation, the trustee would not accept them from you? I guess each district is different. We were missing some documents and our trustee just made a note on our filing because our attorney produced a cover letter showing she had mailed them 4 business days beforehand and he accepted that explanation. I was worried for a second but it turned out okay.
              Filed: 8-19-09
              341: 9-21-09
              Notice of Discharge: 11-28-09

              Comment


              • #8
                Wow Kingxray! That is stupid! At least you didn't have to go to the second meeting. Jeez.
                Filed Chapter 7 08/06/09, unsecured debt of $109,000
                341 Meeting 09/09/09
                Discharged 11/12/09
                Closed 12/14/09

                Comment


                • #9
                  ok, so at least you know what needs to be done . . . and that is the next step . . . a delay. sorry this happened, it will all work out, you did hand in that return.
                  Much thanks for all the support and information I receive on this forum.
                  Chapter 7 filed 11/21/2008
                  341 Meeting 01/05/2009
                  Discharged 03/06/2009

                  Comment


                  • #10
                    Ohhhh, I am so sorry that happened to you! It's such a stressful process anyway and then that happened!
                    I too think your attorney sending in the paperwork is probably all that needs to be done. Most do not have to go back to the second 341 meeting. I hope that is the case for you and neither you or your husband have to miss another day of work for this.
                    I feel your frustration and my heart goes out to you.
                    Filed Ch 7 July 23, 2009
                    341 over September 21, 2009
                    Discharged November 23, 2009 (received papers November 27, 2009)

                    Comment


                    • #11
                      What District - Eastern or Western & location of 341

                      Just Curious about where your 341 meeting was held? We are filing 9/30/09 in the Eastern District of Arkansas and I believe our 341 will be at all places - the Bank of America building. LOL!

                      Sorry miscommunication from your Atty. to Trustee. Hope it works out. Understand about losing pay as my husband ia an Over The Road Truck Driver & it usually ends up costing him 2 1/2 days unless appts. are late Fri. pm.

                      Good Luck!

                      Luci

                      Comment


                      • #12
                        Interesting, here all the trustee gets is the paperwork that the attorney filed with the court.
                        All other documents we supplied to the trustee directly. In fact in his letter to us with instructions he said it was our responsibility to supply the required documents to him, not the attorney.
                        The trustee gave us a short list, and told us what date it had to be to him prior to the 341 so he had time to review the documents.
                        Also rather stupid that you cannot just mail the tax return to him without having to go to another meeting.

                        Comment


                        • #13
                          I thought I read somewhere on the board about also sending copies to the trustee yourself, has anyone done this?

                          Comment


                          • #14
                            If you read my post above our trustee told us at the time he scheduled the 341 what he needed and when he needed it.
                            He also told us that we were responsible to send that information to him, not our attorney.

                            Comment


                            • #15
                              Originally posted by liz417 View Post
                              Agh, bummer. You get all ready to face your 341...then it gets continued....

                              At my 341 a lot of people got their 341 postponed because their file was missing something.

                              So what happened and who "dropped the ball" on the copies of the Tax Return?
                              The trustee dropped the ball. My attorney has an email from the trustee's secretary stating they had everything for our case. We are now going back 10/29

                              Comment

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