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    341 Completed

    I had my 341 yesterday and it was pretty easy. Mine was a chapter 7 non consumer debt case. Spoke with the UST and Trustee.
    Most of the questions were yes/no and some regarding my business and rental property. Nothing to stress over.

    What is pacer? I have read about it in other posts.

    #2
    Did you file Pro Se? If so, then you should subscribe to PACER at https://pacer.psc.uscourts.gov/pscof/regWizard.jsf

    If you didn't file Pro Se, then don't worry about PACER. PACER is the "consumer" side of the Case Managment/Electronic Case FIle (CM-ECF) which is used by the court to manage cases. It is a sort of electronic docket system where all of the case activities are "docketed" and maintained.
    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


    I am not an attorney. Any advice provided is not legal advice.

    Comment


      #3
      justbroke
      No, I had an attorney. I will just wait I guess. I gave the trustee the key to my rental property at the 341.
      Hopefully, everything will be quiet and I move on.

      Comment


        #4
        justbroke
        What happened after your 341?
        Did they request any more documents or anything?

        Comment


          #5
          Originally posted by jrockfl View Post
          What happened after your 341? Did they request any more documents or anything?
          First let me say that it's not a good measure to look at another debtor's case to try to figure out what your case may look like. About 95% of cases sail right through the process. Those cases are (typically) "No Asset" and have quick 341 Meetings. The other cases likely have assets, preferences, eligibility and other issues, but are still in the super-minority (representing only 5% of all cases).

          Now, as for my case, I provided only what was necessary prior to the 341 Meeting. My case was a "non-consumer" conversion from Chapter 13 to Chapter 7. I was in the Chapter 13 for 20 months at the time of conversion. I already otherwise "qualified" for a Chapter 7 discharge, at the time I filed my Chapter 13. I filed Chapter 13 to save investment property (bad choice, as I should have just filed a Chapter 7 to just discharge all that debt immediately rather than try to save things).

          I did not have to provide any additional documentation, but I was worried that the U.S. Trustee (UST) would want more information. The fact that I had been in a Chapter 13 for 20 months probably satisfied most of the records requirements.
          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


          I am not an attorney. Any advice provided is not legal advice.

          Comment


            #6
            Jrockfl, congrats on the successful 341. I will have my non-consumer chapter 7 341 meeting on April 23. I hope it goes as smoothly as yours. I will also have assets and have ownership in a failing business. I am still nervous that my case will be too complex to conclude the 341 meeting on the first try. I really don't want to keep dragging the process out by continuing the meeting.

            If you handed over the keys and haven't heard anything then I would guess that you are probably done and in the clear. I would definitely check PACER if I were you but that's mainly because I can be OCD. If you look on PACER you can see if they concluded the 341 meeting. If the 341 meeting is concluded then you will most likely not need to produce any more documents. Not guaranteed of course. You should receive your discharge 60 days after the 341 meeting. Your case will stay open until the trustee has full administered the bankruptcy estate but that won't really involve you.

            Good luck! Let us know what happens.

            Comment


              #7
              Brokensystem
              Good luck at your 341 meeting. Mine went really smoothly and hopefully yours will too.
              So far I have not heard anything from attorney. No news is good news.

              I see my rental house was listed for sale on Zillow. Hopefully, they sell it and get some money.
              I'm not OCD, just trying to keep low until this is over! lol

              I have some business assets still. Product inventory, money in a PayPal account and my CPA finished my taxes yesterday and I'm getting a 2500 tax refund.

              What type of business did you have?

              Comment


                #8
                My business was a dental practice that I started with a partner several years ago. Long story short, we could not work together. I offered to buy him out or allow him to buy me out. He declined to do either so I just walked away and said good luck. He gave me a call 1 week before I started getting notices from the bank and landlord that they had not been paid in 3 months. I had just finished an expensive divorce. I took the money that I had left and got the business caught up on all its bills with the understanding that we were going to sell the office and pay off the creditors with the proceeds. My partner then had one successful month and thinks that everything is great again and refused to sell. He hasn't turned a profit with the business in 3 years. I have no idea why he won't let go. It's pretty much impossible to sell without his cooperation. Since I just spent all my money on paying past due amounts it seemed like a good time to file bankruptcy. I could not see any other way to remove my personal guarantee from the commercial lease and SBA loan. The trustee now owns my half of the business. I have a spectators curiosity about what the trustee will do with that "asset". I don't really care if he decides to abandon it or liquidate the equipment of the office (all of which is secured by a lien for the SBA loan).

                Comment


                  #9
                  Brokensystem
                  Sorry to hear that about your dental practice. What will you do next?
                  I thought my situation was complex and that I was going to get grilled hard with questions and it was the opposite.

                  Comment


                    #10
                    Thanks. I've just been doing independent contractor work for the last 3 years trying to save up to start my own business with cash. If the bankruptcy goes through smoothly then I'll probably keep doing that for a while and maybe try to get non-traditional financing to start my own practice. I've learned an expensive lesson about being a 50/50 partner in a business.

                    I'm hoping that my meeting will be like yours. My lawyer seems way less concerned than I am. Less than a week to wait. I'll be sure to start a thread with a 341 report. Our cases seem to be a bit unusual. The small percentage of cases that are asset cases and non-consumer.

                    Comment


                      #11
                      Brokensystem
                      Good luck today! Post an update.

                      Comment


                        #12
                        started my own thread. It's bad news

                        Comment

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