341 Meeting yesterday... One small hiccup, but done!

[baker21]

We had our 341 meeting yesterday at 11:00. We arrived early like everyone suggests, and listening to the cases before us did help!

We had the normal questions including if we had any child support or alimony orders. My husband said he has child support payments and the trustee checked to see if the recipient was listed on the petition. Well, it wasn't. Our attorney had the info, but it wasn't on the petition The trustee gave us a form to fill out before we left the courthouse listing the ex-wife's name, address, and phone. He explained that she will be notified of the filing and also of the discharge. He then wished us good luck and concluded the meeting. We filled out the form and submitted it before leaving.

Honestly, we had no idea his ex-wife's info needed to be on the petition and, frankly, we are feeling a bit of dread knowing she will be notified of our filing bk. We are located in Florida, but she is in Massachusetts where my husband is originally from. His family is all there and he knows she will let everyone know all about it. Nothing we can do Does anyone know what info will be on the notification she gets? I'm just hoping my SS# isn't on it. She probably has my husband's SS#, but she is not a good person and that would make me nervous.

On the bright side, our meeting is over and I guess that puts us in the 60 day club! Looking forward to Oct 21... THEN we'll breathe easier

Thank you to everyone on this site that helped us through the last few months and (I'm sure) the next few years! I got more info here than our attorney ever thought about!!!

[angel7821]

Glad to hear everything went ok for you. Best of luck to you in the future.

[AngelinaCat]

Congratulations on joining the 60 Day Club.

Yes, unfortunately, since your husband owes the ex alimony, she technically is a creditor, and has to notified of the 'Suggestion of Bankruptcy'. I do not remember if the copy of our 'Suggestion of Bankruptcy' has our SS numbers on it or not. I am currently at work and cannot refer to our files. I tend to think that it won't include that information because of all the privacy laws requiring that SS numbers be redacted from public record. And your BK file is public record.

Since you are in Florida, this article (long--basically quoting the Florida Statutes) may help:

http://www.myflsunshine.com/sun.nsf/sunmanual/d85cde087c3a6818852566f3007272ea

[baker21]

Thank you for the info. We were a little blindsided by it yesterday. Our attorney never mentioned this to us even though he had all the information including the court order and payment history. My husband has never been late on a child support payment, so you think she'd be happy about that and show a little compassion and class. He has approx. 2 years remaining on the child support and I feel like our fresh start will truly begin then!

But we are glad to be in the 60 day club and look forward to a brighter future!

[mlevesque308]

Hi baker21,

I too had my 341 yesterday, I was made aware of my ex having to be notified, my attorney did it early on, as to warn me. Because he mentioned if he and I had a bad relationship it could get ugly. I pay him alimony, so therefore he would need to be notified.

I wish you the best in the next 58 days................

[baker21]

Hello mlevesque308,

We'll have to compare notes as to how this issue plays out for us both! I wish our attorney had warned us, but he really didn't seem all that concerned even after we voiced ours. Needless to say, it wasn't the best choice in attorneys. I felt that way about 1/2 way through, but just went with it. Luckily, my husband has a legal plan at work and it didn't cost us anything. That's the only reason we aren't completely infuriated!

I wish you the best in the next 58 days as well!!

[mlevesque308]

baker21, it works this way for me, my ex doesn't want anyone to know I pay him over $1K a month in alimony, so he won't spill it about my BK. I loved, loved my attorney, I think we could be friends....lol. I won't push it, something weird about that after I've said it out loud.

[AngelinaCat]

We'll have to compare notes as to how this issue plays out for us both! I wish our attorney had warned us, but he really didn't seem all that concerned even after we voiced ours. Needless to say, it wasn't the best choice in attorneys. I felt that way about 1/2 way through, but just went with it. Luckily, my husband has a legal plan at work and it didn't cost us anything. That's the only reason we aren't completely infuriated!

If you had indicated that your attorney's gender was FEMALE, I would be asking to compare notes. Our attorney did not do her job properly of educating us in the BK process. And we made all sorts of needless, costly mistakes, thanks to that. Unfortunately, we did not find this wonderful forum until well after all those mistakes were made.

[mlevesque308]

Honestly, I wouldn't believe how poor a job, some attorneys do after listening to a number of cases. One missed wife's income and cars. When the trustee asked debtors of this oversight, debtors told him, we asked our attorney on 4 occaisons to amend and atty comment was we were going to do it all at once with any issues from today. Trustee, turns to him and says, I can't even do anything with this and continued the case.

On and on....

Honestly, I felt bad for more than 6 cases, based on atty performance.

[tobee43]

Honestly, I wouldn't believe how poor a job, some attorneys do after listening to a number of cases. One missed wife's income and cars. When the trustee asked debtors of this oversight, debtors told him, we asked our attorney on 4 occaisons to amend and atty comment was we were going to do it all at once with any issues from today. Trustee, turns to him and says, I can't even do anything with this and continued the case.

On and on....

Honestly, I felt bad for more than 6 cases, based on atty performance.

ml you took the words right from my fingertips! this is ridicules with theses attys. we went to court ourselves and let off something we'd surely hear about. in stead the trustee hands it back and says fix it. should have never happened!

[mlevesque308]

I agree.....but missing income??? Isn't that the sole purpose of filing is showing you don't have the means to repay???? This particular attorney was so proud of his document " presentation", it was bound as if it were a Hollywood script?! Yet, it didn't include 50% of the income going into household and their 3 vehicles.

On the other hand, those folks perhaps didn't have this outlet, I feel I was a 1000% more prepared than most. I chose to be an active participant in my "package", I already had odds stacked against me , so I listened to all advice here and thankfully had a great atty. I jarted down atty names and researched them after and 80% of them, we're attorneys that didn't specialize in BK, it was just a piece of their business. Folks that is huge!

I really love this place! I also am so sorry for those who have never found this site.