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

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341 is over. Can I stop stressing now?

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  • 341 is over. Can I stop stressing now?

    We had our 341 this morning. I have been a nervous wreck for weeks so I'm glad it's over.

    We got to the courthouse about 30 min early. Our attorney showed up about 5 min before our scheduled time. We were told to bring our bank statements from date of filing and have our ID and SS card out and ready. They were running a bit behind so we sat and watched the proceedings. Honestly it both calmed my nerves (by distracting me) and made me want to have an anxiety attack at the same time.

    The first person we watched had an attorney who did not seem experienced and had done some of the paperwork incorrectly. The trustee told him that listing the IRS as a debtor when there was no debt was not appropriate. The attorney told the trustee he did that "just in case something came up". He was not pleased with the attorney and also questioned why his name (the attorney) was not on the paperwork.

    The second person was a little old lady and this is the one that made me want to panic. The trustee asked the basic questions and then he asked what she had used credit cards for. She became very confused and said she didn't know. So he started grilling her and telling her she spent the money and he wanted to know where it went. Her attorney just sat there and looked at her and didn't even try to help her. When she couldn't come up with an answer the trustee acted disgusted and asked about some other debts and wanted to know why she was using credit if she only as SSI income. Then he said what is Rise credit for $500 and she started saying she was scammed over and over. So I don't know how that one will end but it was enough to make the trustee in a bad mood and I felt so bad for her.

    Of course we were up next. We are filing chapter 7 with no assets on mostly medical debts. Everything went smooth until he asked about my husbands exemption for guns. We only have one gun and it's valued at $300. My husband started going on and on about how it was passed down in his family and was all he cared to keep...I had to kick him under the table to shut him up! Then the trustee asked if his Dad was dead and my hubby said no and he said "Well how can it be passed down if he's still living!" It was awkward and uncomfortable but I explained that it's passed down when a son reaches a certain age...I don't know if I should have just kept quiet or what. Then I said we spent some of our tax money on home repairs and he wanted to know why I kept saying "our home" if it's a rental. I didn't really have an answer for that. I didn't expect him to get so technical about my terminology so that might be something others want to be aware of.

    Once it was over he told us if we receive any inheritance or property in the next 6 months to let him know and we were dismissed. Our attorney said it went as well as could be expected and to wait of our letter in the mail in a few months. I wish I could quit worrying now but I'm still a wreck.

  • #2
    That trustee sounds like he was a bit nit-picky. The trustee for my 341 had my interview done in less than 5 minutes. Name, DOB, SSN, is your petition accurate, asked about the house I was surrendering as part of Ch 7 (how much I paid for it, what the outstanding balance was on the loans, asked me to affirm that I believed I would not make enough profit if I sold the house to repay all my debts). Said I'd get my discharge letter in 60 days--have a nice day.

    The chances of anything else coming up for you now that your 341 is done are very slim. The hard part is over. I was extremely nervous to the point of hand-trembling anxiety the day before the meeting and it felt like such a weight was lifted from me as soon as I walked out of that court building.


    • #3
      Wow! thank you for sharing this. I am terrified I go tomorrow to sign my petition and then stressing continues. I am trying to stay busy on other things and it is scary reading how annoyed the trustee can be.


      • #4
        Ya stop stressing, in a no asset case there is absolutely nothing to worry about. Your medical debtors will not challenge anything and 99% of the time no creditors in general will either. The only time there is a "risk" is if you are cranked up over your exemptions.


        • #5
          I laughed out loud at kicking your husband under the table. Actually that is probably a pretty good system for if one spouse is getting a bit carried away in the moment. A nice gentle kick hidden from view!

          Yes your trustee seemed a bit combative more so than the usual trustee. This is my second ride (Pro Se) on the bankruptcy train (unfortunately) and both trustees have been very relaxed at my 341 meetings. I guess maybe your trustee has seen it all before and maybe wanted to make sure of things and leave no room for uncertainty?


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