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341 Tuesday - excited & nervous!!!

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    341 Tuesday - excited & nervous!!!

    Hi,

    Our 341 is next Tuesday - would love to have positive thoughts coming our way.

    From what I have read on the boards, and from the impression I rec'd from our attorney - we should have a pretty good idea within 10 days of the 341 if things will be discharged without problems. We have no assets, income has always been borderline, but the "look forward", I believe is 0 or negative left. I don't have any of the copies of what is filed, so I am not sure about that, but it seems like when we signed the papers that is what it was.

    I've read many of the threads about the 341 and have learned:

    1. don't answer more than they ask - try to stick to "yes or no" answers
    2. be 100% honest (which I would be anyway)
    3. dress conservative
    4. bring papers with us in case trustee doesn't have them
    5. we are going to be there at 8AM our appt is 9AM

    Anything else we should or shouldn't do? I am planning on finishing the next credit class so it will be on file for discharge. If it is determined we dont qualify for a Ch 7 - do we just automatically go to a 13? What happens then? My income for the next 9 months or so will keep going down, not up, if we had to go to 13, is there a wait time to convert to a 7? My attorney is pretty confident of us being a 7, she said she wouldn't have filed a 7 if she didn't think it would go through. I just keep thinking "what if, what if"?

    Thanks to all for all the great support and knowledge!

    Lynn

    #2
    Lynn, you are nursing unnecessary worry. You have it down to exactly right things to do. Did you take the median test? If not you are way below median. We did not take the test as no need, yet we ended up as an asset case. We did everything wrong (except lie) and I guess our ignorance was apparent. Get a PACER account and you can get your copies of paperwork. This 341 will likely take 5 to 10 minutes. Drop by and observe some if you are concerned. The 341's are open to the Public anyway.

    Take care and drop the worry thing. It really is "a piece of cake". 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

    Comment


      #3
      Thanks so much 'Hub! I needed it. Did you mean the "means" test? I am not sure what the median test is. Our attorney did all the "work" once we gave her all the information. My husband and I both think she is pretty sharp (about the only thing we have agreed on about the BK - ha!)

      I have read that many of the 341's are 5-10 minutes, but I keep worrying that we will be "the ones" - although my husband is a disabled vet, I am going to school full-time - working as I can - and we don't have millions hidden under the mattress (darn!) - but I just keep stressing about the 341 & the car situation. While I do get stressed at times, by nature I am pretty calm, so this anxiousness is very new to me. I have been told my whole life that I am a very "calm" individual - who know what would happen if I were anxious by nature. lol

      Thank goodness for this forum as I have about driven my husband & attorney crazy!

      Thanks again for all your support!

      Lynn

      Comment


        #4
        Originally posted by basketsbears View Post
        Thanks so much 'Hub! I needed it. Did you mean the "means" test? I am not sure what the median test is. Our attorney did all the "work" once we gave her all the information. My husband and I both think she is pretty sharp (about the only thing we have agreed on about the BK - ha!)

        I have read that many of the 341's are 5-10 minutes, but I keep worrying that we will be "the ones" - although my husband is a disabled vet, I am going to school full-time - working as I can - and we don't have millions hidden under the mattress (darn!) - but I just keep stressing about the 341 & the car situation. While I do get stressed at times, by nature I am pretty calm, so this anxiousness is very new to me. I have been told my whole life that I am a very "calm" individual - who know what would happen if I were anxious by nature. lol

        Thank goodness for this forum as I have about driven my husband & attorney crazy!

        Thanks again for all your support!

        Lynn
        Everyone needs a hobby. This one you picked will make you feel laughingly foolish after 341 has happened. LOL Yes, I meant means. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment


          #5
          Don't forget your ID - most Trustees want a drivers license and a Social Security card.

          Comment


            #6
            The questions you can expect to be asked are:

            Did you review the schedules and documents before you signed them?

            Are the schedules and documents that you filed with the court accurate?

            Did you list of your creditors?

            Did you list all of your assets?

            Did you sell or transfer any property in the last 2 years?

            Do you owe any domestic support obligations (child support of alimony)?

            Have you ever filed for bankruptcy before?

            Ours also asked how we determined the value of our house.

            You are required to bring state issued ID and something with your social security number on it like your Social Security Card or W2 to verify that it matches your petition. You will be in and out of there before you know it.

            Comment


              #7
              Originally posted by basketsbears View Post
              I have read that many of the 341's are 5-10 minutes, but I keep worrying that we will be "the ones" - although my husband is a disabled vet, I am going to school full-time - working as I can - and we don't have millions hidden under the mattress (darn!) - but I just keep stressing about the 341 & the car situation. While I do get stressed at times, by nature I am pretty calm, so this anxiousness is very new to me. I have been told my whole life that I am a very "calm" individual - who know what would happen if I were anxious by nature. lolThank goodness for this forum as I have about driven my husband & attorney crazy!
              I'm so glad to read that. Of all the people who post on here about their worries, you have always seemed to have the least to worry about based on the details you give. So, surrender to your true nature and stop worrying!

              Originally posted by walkthaplank View Post
              The questions you can expect to be asked are:

              Did you review the schedules and documents before you signed them?

              Are the schedules and documents that you filed with the court accurate?

              Did you list of your creditors?

              Did you list all of your assets?
              So that you can be confident in your answers to those questions, you should get a copy of your petition and look it over to make sure there are no errors. If you find anything that isn't correct, let your attorney know. Even the sharpest of attorneys let errors get passed them sometimes. If there is an error, it is better to bring to the trustee's attention than to let the trustee discover it on his/her own. You don't want it to look like you are trying to hide something.

              Your 341 is going to be a breeze. Better start looking for a new hobby, because this one is about to disappear!
              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


                #8
                Originally posted by LadyInTheRed View Post
                Better start looking for a new hobby, because this one is about to disappear!
                I have a whole garage full of yarn. You could take up knitting....
                "To go bravely forward is to invite a miracle."

                "Worry is the darkroom where negatives are formed."

                Comment


                  #9
                  Lady & AC -

                  Thanks so much for all the support! Maybe I'll take you all up on the knitting! Ha!

                  Comment


                    #10
                    Originally posted by AngelinaCat View Post
                    I have a whole garage full of yarn. You could take up knitting....
                    Do you sell anywhere? Or is that your own personal stash?

                    Comment


                      #11
                      Lynn,

                      There is really no need to drive yourself crazy over this. I was worried on an off a few days before the 341. We went early and knew what to expect. That seemed to help calm my nerves. We were essentially asked the questions stated above. We looked over our petition the morning of and things were fine. We were well over median income and we were determined to be a no asset case. Honestly, the trustee can tell who is or who isn't honest. I know some people before us really got grilled and their cases were extended. Like you said, just be honest and you will be fine. I laughed at myself afterward because it was such an easy process for us. It will be the same for you. Relax and try to keep yourself busy!!

                      Comment

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