top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

341 is next week and wondering about a few things

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    341 is next week and wondering about a few things

    My 341 is next week. I assume the nerves are normal, although from all I've read most of them go without incident.

    A few questions:

    1) I have to buyback my car (which I own free and clear, and is well over the $1000 allowable car exemption in FL), so I assume we will discuss that at the meeting next week. And I understand this makes me an "asset case." Am I correct that this shouldn't affect my discharge date, but may delay the closing of my case by a bit? Does that affect me at all? After discharge but before my case is closed, anything I should be aware of? And my Pacer account says "non-asset???"

    2) On my petition, my attorney indicated that this past summer I did some Ebay selling just to keep my head above water, so this is documented. I sold about $500/mo. as I wasn't working this summer and desperately needed the money for basic living expenses. However, my attorney never asked me about Paypal and I never thought to mention it until I read these boards and saw other posts. Whenever I sold something on Ebay, it went to Paypal acct and then I immediately transferred it to my bank account (which can be seen on my bank statements that I submitted). But I never thought to mention the Paypal debit card I got. It never has more than $40 in it (it had $2.77 in it the day I filed), but I just never thought about it when listing all my debts/accounts/etc. I e-mailed my attorney today about it and am waiting to hear back. My question (long-winded, sorry!!) is for something like this, is it ok for me to take the Paypal debit card statements to the 431 meeting and explain that I overlooked this tiny account? Or do you think my entire petition will have to be updated to add this account? It's such a tiny account and I didn't overlook it intentionally, but am kicking myself.

    Like I said, waiting to hear back from my attorney, but asking here is always so helpful.

    The only other thing I *think* I may be questioned on at the meeting is the custodial account I have with my son. My son is 19, and he's worked the past few summers, and I've never touched his account. It's just his money for college. A few months ago, he had around $5,000 in it. When he learned of my financial troubles, he opened up his own checking account without my name on it at all, and he pulled his money out of the custodial acct. and transferred it to his own checking. My attorney said no problems here, since my son is an adult and it's his acct and he can withdraw however he sees fit. But, I wouldn't be surprised to be questioned on it.

    My attorney knows the Trustee and said he's a good one to work with!

    #2
    The car will probably come up during the 341, but I bet nothing will be resolved. The main purpose of the 341 is for the trustee and any creditor who shows up to ask you about items on your petition. The details of your buyback will probably be worked out later.

    You are correct that the existence of a non-exempt asset will not delay your discharge. All cases show up intitially as no-asset cases until the Trustee declares them as asset cases.

    That tiny account will not be an issue. Your attorney will tell you how to handle it at the 341. It is possible your petition will need to be amended, but that isn't a big deal. What is more likely is that you will tell the trustee that you forgot to list it and the trustee will not care. It can't hurt to bring the statements with you. But, don't offer them to the trustee unless your attorney tells you to.

    The trustee may ask about the custodial account. His job is to ask questions. It is your job to answer them truthfully. Trust your attorney when he says it is not an issue.
    Last edited by LadyInTheRed; 10-28-2014, 01:30 PM.
    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

    bottom Ad Widget

    Collapse
    Working...
    X