Chapter 7 341 Meeting Questions

[cz3ch]

I originally filed a Chapter 7 in September but have since motioned to convert to a Chapter 13 due to a change in my expenses. While the case should be converted soon my Chapter 7 341 meeting is slated for 12/6/10 in the event it does not convert. Considering I'm converting to a 13 and have to amend my expense sheet, what sort of questions should I expect during a Chapter 7 341 meeting? I'm have no clue what they might ask and was looking for a bit of guidance here, especially when it comes to explaining why I'm converting to a Chapter 13.

Thanks in advance.

[nceguyfromne]

I can't speak as someone who was in the process of converting when I went to my 341 but in terms of a "typical" 341 meeting, if it's anything like mine, you can probably expect the trustee to thumb through your petition at a rate of about 1 to 2 pages per second and ask you a couple seemingly random questions about your case. For me, it was "Have you listed all your debts and assets?" and "How long ago did you sell your house?" All you do is answer them honestly and, if you're like most people, you're on your way. Mine took 60 seconds, maybe.

It's not my business, but I have to ask. Are you certain you must convert to a 13? If you're going to travel down the path of potentially paying out thousands in a payment plan, it might not be a bad idea to consult with a couple attorneys and make certain you cannot still squeeze through a Chapter 7.

[cz3ch]

It's not my business, but I have to ask. Are you certain you must convert to a 13? If you're going to travel down the path of potentially paying out thousands in a payment plan, it might not be a bad idea to consult with a couple attorneys and make certain you cannot still squeeze through a Chapter 7.

I thought about that too but my change in expenses is significant enough (400.00 difference) to put me in a Chapter 13. I'd rather be honest with my numbers instead of getting caught trying to hide extra money the court has right to.

[tobee43]

are you doing this pro se? if not, your atty should have sent notification to the courts that you are converting. and, if you are doing this pro se that you also need to notify the courts of the charge and get the chapter 7 dismissed.

that is if you are for certain converting. also, i would suggest you do see an atty about this if you are going it alone. we were told by more attys than not that we had to go the chapter 13 route. we ended with a chapter 7 no asset case. you also may be in a situation where you still have a 7 but it is an asset as opposed to a no asset case. it's difficult to tell with the information provided.

best of luck!

[LadyInTheRed]

You can read about 341 meetings in the 341 meeting subforum: http://www.bkforum.com/forumdisplay.php?33-341-Meeting Lots of posts listing the questions people were asked.

[cz3ch]

are you doing this pro se? if not, your atty should have sent notification to the courts that you are converting. and, if you are doing this pro se that you also need to notify the courts of the charge and get the chapter 7 dismissed.

that is if you are for certain converting. also, i would suggest you do see an atty about this if you are going it alone. we were told by more attys than not that we had to go the chapter 13 route. we ended with a chapter 7 no asset case. you also may be in a situation where you still have a 7 but it is an asset as opposed to a no asset case. it's difficult to tell with the information provided.

best of luck!

I'm doing this with the assistance of my attorney. She has already filed a motion to convert from Chapter 7 to Chapter 13. The motion was filed 10/24/12 we are just waiting on the order to be signed to we can move forward with Chapter 13. From what my attorney said due to my expenses changing after filing it would automatically throw me into a Chapter 13 ergo why we converted to stay on the straight and narrow. My main concerns were if I had to go to the Chapter 7 341 meeting and how to explain why I'm converting.

[tobee43]

I'm doing this with the assistance of my attorney. She has already filed a motion to convert from Chapter 7 to Chapter 13. The motion was filed 10/24/12 we are just waiting on the order to be signed to we can move forward with Chapter 13. From what my attorney said due to my expenses changing after filing it would automatically throw me into a Chapter 13 ergo why we converted to stay on the straight and narrow. My main concerns were if I had to go to the Chapter 7 341 meeting and how to explain why I'm converting.

you atty should be able to advise you and actually just have the case dismissed if you are going the route of a 15 for certain.