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341 at LONG Last!

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    341 at LONG Last!

    I had my 341 meeting yesterday morning (10/1/2018) and had been anticipating it more with excitement of a long-awaited event than with nervousness. After my debt situation escalated to the point of all my income going to debt payments and me using credit cards to pay my living expenses (payday loans and high interest installment loans - don't ever get them), I met with an attorney in early May of 2016, paid him in mid-May 2016, and turned in my completed packet of information in early June of 2016 (and pulled an all-nighter the night before, because I wanted to hurry up and get my Chapter 7 paperwork filed and move forward with my life). Well, I think I got the slowest attorney on the planet. After I handed the attorney the packet, he said, "It'll be a while." He was swamped - lots of bankruptcies. After two-and-a-third years of waiting, excuses, broken promises, and generally being strung along - all while experiencing much stress, being sued by creditors, having my wages garnished, and turning down weekend work because of the wage garnishment - I FINALLY fired my attorney and filed Pro Se on August 27, 2018. I'm so glad I did, otherwise I'd very likely still be waiting (and I'm sure I did a much better job on my paperwork than the attorney would have). Thank you so much to the people on this forum who provide such great advice/tips - I've been popping in here on a pretty much daily basis for quite some time now.

    I arrived at the meeting room a little over an hour early, so I sat in on the previous hour's meetings, and mine was about two-thirds of the way into meetings scheduled for my time slot. For all of the meetings I observed, there were no creditors present (and I loved how the Trustee for each debtor, at the conclusion of her questions, said, "Are there any creditors? There are none." with hardly a pause between sentences, and then concluded the meeting, and with a smile, said that the debtor was free to go). I got a little nervous when a Pro Se debtor prior to me was told that the paperwork she thought she had sent to the Trustee (tax returns, paystubs, etc) had never arrived, and her meeting was continued to a date near the end of the month, and I was thinking, "I sure hope she got mine." (She did.)

    The questions asked of me were all very basic: Confirm my address. Did I read my paperwork? Did I sign it? Has anything changed? Did I list all my assets? Did I list all my creditors? Have I sold or given anything away in the last three years? Did I have any claims against anyone? At that point, I mentioned the issue with the attorney. (I also listed and exempted that in my schedules.) The Trustee asked me the attorney's name, to describe what happened, and asked for my phone number. She said that she would refer that situation to the U.S. Trustee and said that if I hear from the U.S. Trustee's office, not to worry - I didn't do anything wrong (Whew! *smile*) - but that the U.S. Trustee's office may choose to investigate the attorney and possibly help me get a refund.

    So now it's just a matter of doing my waiting in the "60 Day Club" and watching for the judge's disposition on a motion I filed to avoid a non-posessory, non-purchase money security interest lien on some personal property (and funnily enough, what is colloquially known as a "scream or die" motion is calendared for Halloween).

    #2
    Sounds encouraging. Let me know how it feels when you get ur Discharge .
    best of luck and kind regards

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      #3
      Do you know if the UST took action against your so-called attorney? I sure hope so. Just goes to show the UST is there to make sure everyone is following the rules.

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        #4
        Originally posted by Nodebtrenton View Post
        Do you know if the UST took action against your so-called attorney? I sure hope so. Just goes to show the UST is there to make sure everyone is following the rules.
        Thus far, I have not heard anything from the U.S. Trustee regarding my former attorney. Maybe I will sometime in the future, though. I did, however, file a claim with the California State Bar's Client Security Fund for a reimbursement of the fees that I paid to the attorney (and also, as required by them, a complaint with the State Bar). I recently got a letter back from the Client Security Fund with a case number and letting me know that their process is likely to take roughly 36 months AFTER the State Bar addresses the complaint and issues any disciplinary action (and there are roughly 3100 claims ahead of mine). *Sigh!* I may end up waiting nearly twice as long on a reimbursement via the State Bar as I waited on the attorney. Oh well.

        So far, my bankruptcy process has been relatively uneventful ... except for my motion to avoid the lien on some electronics that I put up as collateral for a loan with the former Springleaf Financial. For the October 31 hearing date, the judge's pre-hearing disposition was to deny without prejudice (I could re-file) my motion. He claimed that I did not serve an "officer, managing or general agent or person authorized to receive service of process" - I did, too (got the name of the designated person by calling the creditor directly and stated it as such on the proof of service), and that two of the three electronic items could not have their liens avoided according to the bankruptcy code's definition of household goods (I found in the code where they did fit into the definition - in the part immediately after where the judge truncated his quote of the bankruptcy code in his pre-hearing disposition). So, I re-did the paperwork for my motion and made my wording on the proof of service and references to the bankruptcy code in the motion even more specific to address those issues and mailed (and had the person serving documents to the relevant parties mail) my motion today. I hope that goes well this time. (I haven't heard anything yet from the creditor regarding the collateral, but I filed the motion because I don't want to take any chances with that, especially with one of the items being my laptop.)

        Other than that, I completed my post-filing debtor education course (and filed the certificate) very shortly after my bankruptcy filing and the trustee filed her Report of No Distribution exactly one month ago.
        So, (mostly) smooth sailing here.

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