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341 scheduled for 1/10/11

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    341 scheduled for 1/10/11

    Well...my 341 is scheduled for 1/10/11. I checked the calender for that day, and I'm the only one Pro Se....a little nerve racking. I keep trying to tell myself that my assets, if any, are very very limited and I was honest and open about all of my information. Is it normal to be the only Pro Se for the day??

    #2
    Originally posted by dhamilton30 View Post
    Well...my 341 is scheduled for 1/10/11. I checked the calender for that day, and I'm the only one Pro Se....a little nerve racking. I keep trying to tell myself that my assets, if any, are very very limited and I was honest and open about all of my information. Is it normal to be the only Pro Se for the day??
    Your last sentence in an unfair question that no one can answer. The luck of the draw. Now, about being pro se, look up in search and there are many successes. What I read is; look confident, be succinct, carry all paperwork arranged that if asked you can simply pull the file out and respond. Pro se people are very respected IF they look like they are serious about what they know. If they look ill prepared, they then look cheap and usually get another chance (by way of an extended 341). You just need to know what the questions are and look calm and confident.
    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.

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      #3
      I agree with Angelina. I filed pro se mid-October and had my 341 a few weeks ago. It was essentially a no-asset Ch.7. Not discharged yet but no distribution. Your goal is to not give the trustee any reason to not just rubber stamp you and send you on your way. Dress business casual (at least), bring copies of your files and filing, and be honest. Irrelevant how many pro se filers there are that day. Took ten minutes. The trustee even defended my use of the Nolo book to a woman that, frankly, I still don't know who the heck she was! And I wasn't slowing down the proceedings to ask!

      In fact, I believe that my use of the Nolo book made my particular trustee feel more comfortable that I had done a thorough job (this, despite a glaring error in my filing).

      Comment


        #4
        If you filed pro se, it's all about confidence, respect, and knowledge.

        Confidence in your petition, the exemption statutes that you applied, and the rules and procedures in your District. Nothing goes further than when the Trustee asks how you exempted your vehicle, you immediately reply, without looking, "Florida Statute 222.25(1) and the leftover from the Constitutional Exemption allowed in the Florida Constitution under Article X Section 4". I can tell you now that "ummm" and "I don't really know", will show that you don't exude confidence, and you are likely, in Florida, to have an audit and/or an appraiser come pay you a visit.

        Respect for the court, the Panel/Standing Trustee, and the Office of the United States Trustee. This respect is shown through your attention to detail in the petition, your demeanor and appearance at your 341 Meeting, and your prompt and courteous response to any questions asked. Nothing will irk the Panel Trustee or UST more than a sloppy petition that shows no respect for the process.

        Knowledge about everything related to the contents of your petition, the local rules and procedures, Title 11 (the Bankruptcy Code), and the format of the 341 Meeting. Nothing impresses the Trustee (and Judges) more than knowing every number and fact in your Petition. At the same time, all answers at a 341 Meeting or Court hearing should be "yes" or "no" or very simplistic, concise, and direct if asked in the narrative. True story, I was in a relief from stay hearing and the creditor's attorney was there. The Judge asked if I had filed a particular document, and I responded "yes". The Judge was then scrambling on her computer to find it. My docket is over 250 documents! I immediately stated, "Your honor, you'll find the paper filed under Docket Document Number XXX". The Judge smiled and immediately state that it was in fact there, and the motion was denied. Sure, the Judge would have eventually found it, but I saved her time and I put the Judge and my adversary (the creditor) on notice that I KNOW my case inside and out.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          We were the only Pro Se filers on our day. Ours went smooth, unlike some of the ones who had an attorney.
          I may be smarter than an attorney, but I'm not one. No legal advice here, people.
          Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

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