Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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341 meeting Sept. 28th. Very nervous.

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  • 341 meeting Sept. 28th. Very nervous.

    My bankruptcy was filed on 08/03. I am confused as to when my six month time period is? Will the trustee consider it from March through August? Or Feb through July? As far as the time period that he will look at my pay stubs and all other requested info. My lawyer is very reassuring, almost too much so. I am filing ch 7. All credit card debt. Reaffirming my home. Am current on home and taxes. No missed payments. He assures me everything is fine and that my trustee is very nice. I have not turned in any paperwork for Aug. I have it if needed, but my lawyer said I am fine. I am soooo nervous and can't seem to believe it will be in ok? Thank you for your time😊

  • #2

    My 341 is 9/27 so I know exactly how you are feeling! Like me you seem to have a straight forward case so I am sure you will do great. If your lawyer is not worried then I think you are good to go.

    Good luck to you!


    • #3
      The 6 month time period is the 6 month period UP TO your date of filing. This is used to determine your income for CH 7 means testing. If your lawyer's not worried, then don't be worried, if there was a problem with your income you'd know.

      If you filed on the 3rd, the trustee will probably end up wanting to see your August bank statements to see what your bank balances were on the date you filed, since that's what they use to determine if there's any money that wasn't properly exempted that they can take. Once again, though, if your attorney isn't worried, you shouldn't be...if you had assets that can't be exempted your attorney would have let you know by now.

      For the vast majority of people, the 341 is pretty much just a formality. A lot of people expect it to be like an interrogation from "Law and Order" or reality it's about 5-10 minutes of "Yes, ma'am/sir" or "No, ma'am/sir" and you're done. In 99% of cases, they're not going to ask any questions that you don't know the answer to or require any long explanations...basically the whole purpose is just to get you to confirm under oath that everything in your paperwork is true. And, again...if there was a problem that WOULD require a long explanation, you'd know about it already.

      Once you're done with the 341 you'll wonder what the heck you were so worried about.
      This post does not constitute legal advice. If you use this advice instead of that of a lawyer, God help you.
      Filed CH 7: 5/11/17 341: 6/12/17 Discharge: 8/14/17


      • #4
        Thank so much for your kind words and encouragement!!!


        • #5
          As long as you have given your lawyer everything they have requested and you have been honest about all your financials, there is nothing to worry about. If everything is organized and clear on your petition, the trustee will not have many questions for you. The 341 is not meant to be a "gotcha" meeting--there should be no surprises. I was a nervous wreck especially a couple days before the meeting...but the meeting was literally about 3 minutes long, the trustee zipped through the questions, and that was it. I got my discharge letter in the mail 60 days later as planned.


          • #6
            My meeting went very smoothly!!!! The trustee was very nice. The lady before me did her own filing and seemed to have a few issues, the trustee could not have been kinder to her. Mine couldn't have lasted 3 minutes. He wished me good luck and I was done. Now I have my 60 day wait, but I am almost there I feel😊


            • #7
              Who was your Trustee?


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