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    341 continued - UST is involved now

    Hello All,

    My 341 meeting was continued to 12/8/2009 because the UST did not see 2008 tax returns. My layers office only sent few pages along with the petition.

    I saw 10 cases before mine and all of them were concluded with out any problems. Most of them do not have any income so they were just fine.

    I am over the median and on top it the law office did a stupid mistake of not sending the 2008 tax returns.

    The trustee was very nice and she let me make some changes in schedule J and asked some basic questions and told us at the end that the UST wants more time to review my return and continued to 12/8. No creditors showed up for any case.

    My layer was telling me that If the UST is really interested she would have been there in my meeting (She is in the same building where I had my meeting). She will just review the tax returns and he says I will be fine. Even he says I may or may not need to attend the continuation meeting depending up on the outcome. Apparently UST did send an email to my layer requesting the 2008 full returns prior to my 341 and my layer says he did not receive it and he knows for a fact that the UST office is using one of his old email address that he does not have access any more (What the hell).

    The trustee is rally nice and she found an expense I used in the means test and I did not put it in the schedule J. She is going to add it to my schedule J. She is really smart.

    Please let me know what you think about this situation.

    #2
    Sounds like nothing to be concerned about.

    Congrats.
    11-20-09-- Filed Chapter 7
    12-23-09-- 341 Meeting-Early Christmas Gift?
    3-9-10--Discharged

    Comment


      #3
      Read as though things are proceeding nicely. Once all your paperwork is in, should be a breeze.
      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


        #4
        Originally posted by justbroke View Post
        Read as though things are proceeding nicely. Once all your paperwork is in, should be a breeze.
        After making several phone calls to the law office, they finally send the tax returns to UST yesterday. This law firm is completely out of order. One person says she send it already and when I ask her when, she says 2 weeks ago. I think my layers staff is completely incompetent. I told her because of her mistake, my 341 was continued. I don't think they really care.

        Is it just me or every one faces some problems with their council?

        The questions I got from the trustee could have been avoided completely if my lawyer or his team or me looked at my petition little more closely before filing. She wrote 10 different questions on a piece of paper regarding my CH7. Some of them really helped me since I gave her honest answers and she was pleased with them.

        With the help of this forum I learned a lot and that is the only reason I was able to answer the trustee in a nice way.

        I did learn a lot about each and every item in means test and schedules and I am on top of everything otherwise my 341 could have been a disaster.

        thank you all for your support and your responses to each and every post here.

        Comment


          #5
          DO you think I should take the second course(pre-discharge debtor-education program) now?
          thanks

          Comment


            #6
            I would take the course. You will need to either way.

            Do not be shy with your lawyers. They are being paid for a service. f they cant handle it demand a refund so you can find competent representation.

            I had the finest lawers and not because I paid for them. I was lucky as they were reffered to me by someone who had experience with them.

            I admit I was a PIA because of what I learned here. I dont even think they ever had another client who was aware of PACER.

            Prepare yourself because in the end it is you who will succeed......failure is not an option.
            Filed 9/14
            341 10/22/09
            Trustees report of no distribution 10/26
            Scheduled for discharge 12/22

            Comment


              #7
              Originally posted by good2free View Post
              After making several phone calls to the law office, they finally send the tax returns to UST yesterday. This law firm is completely out of order. One person says she send it already and when I ask her when, she says 2 weeks ago. I think my layers staff is completely incompetent. I told her because of her mistake, my 341 was continued. I don't think they really care.
              My 341 was continued from 10/14 to 10/23 because my lawyer forgot to bring the signed raffs to the 10/14 mtg. I was not happy about this either.
              So, did your first 341 show adjourned, terminated, held, or what?
              Mine says terminated on 10/16. I am clueless now if the initial 30 day objections to exemptions starts on terminated 10/16 date, or does the second continued 341 have to be terminated to set the clock ticking for the 30 day objections to exemptions........My Awaiting Discharge still says 12/14 though. My first 341 went very well too. I know what you mean by feeling upset with the lawyer for causing the continuation.

              Is it just me or every one faces some problems with their council?

              The questions I got from the trustee could have been avoided completely if my lawyer or his team or me looked at my petition little more closely before filing. She wrote 10 different questions on a piece of paper regarding my CH7. Some of them really helped me since I gave her honest answers and she was pleased with them.

              With the help of this forum I learned a lot and that is the only reason I was able to answer the trustee in a nice way.

              I did learn a lot about each and every item in means test and schedules and I am on top of everything otherwise my 341 could have been a disaster.

              thank you all for your support and your responses to each and every post here.
              The support here is truly awesome, I agree!!
              Last edited by Michigan1951; 11-23-2009, 05:28 PM. Reason: highllighted text
              (first 341 10/14/09, cont'd 341 10/23/09) (12/14/09 last day to object) (341 Shows HELD w/tt report of no distribution 1/9/2010)
              :clapping Discharged 1/25/2010 Case Closed 3/11/2010:D

              Comment


                #8
                Originally posted by good2free View Post
                DO you think I should take the second course(pre-discharge debtor-education program) now?
                thanks
                confirm with your lawyer- but typically when all that is needed is tax returns - you don't have to attent the continued 341. Just make sure the attorney has the conversation with the trustee after he send the tax returns in.

                I would take the course. In my meeting yesterday; there was probably 5 or so people with something missing and the trustee just said if they brought in the missing stuff before the next meeting- he would conclude them.
                Filed Pro Se: 10/16/2009
                341 Scheduled: 11/23/2009
                Last Day for Objections: 1/22/2010
                Discharged: 1/28/2010

                Comment


                  #9
                  My trustee entered the following after the 341
                  "Meeting of Creditors Continued on 12/8/2009 at 04:00 PM "

                  I think they may take some time to change it.

                  thanks

                  Comment


                    #10
                    Originally posted by jribe View Post
                    confirm with your lawyer- but typically when all that is needed is tax returns - you don't have to attent the continued 341. Just make sure the attorney has the conversation with the trustee after he send the tax returns in.

                    I would take the course. In my meeting yesterday; there was probably 5 or so people with something missing and the trustee just said if they brought in the missing stuff before the next meeting- he would conclude them.
                    Thanks.
                    I did see my trustee concluding some case just for the record. People did not even showed up for those cases. I assume they were notified before and they do not need to come in.

                    I am still worried a bit but I know I can not do anything right now.

                    Comment


                      #11
                      Originally posted by good2free View Post
                      My trustee entered the following after the 341
                      "Meeting of Creditors Continued on 12/8/2009 at 04:00 PM "

                      I think they may take some time to change it.

                      thanks
                      Originally posted by Michigan1951 View Post
                      The support here is truly awesome, I agree!!
                      I just checked PACER and it says my first 341 that was held on 11/17/2009 was TERMINATED on 11/18/2009 and the following line says the next 341 Due date is 12/8/2009.

                      Comment


                        #12
                        Hello "Michigan1951"

                        Thank you so much for asking about the status of my first 341. Because of your question, I logged into PACER and looked at the deadlines link.

                        I found out that the "financial management" certificate is due by 11/27/2009. OMG, I found out about this today and finished my course and the certificate is on the way.

                        Just before my first 341 I called my layers office and the paralegal said that I have 45 days after my 341 to finish that but looks like she is wrong again. It is 45 days from the filing date. (She is the same one that screwed up my tax returns, Apparently she is the wife of my layer)

                        I will call them tomorrow morning and ask them to submit the certificate to the court.

                        What could have happened if I missed that dead line? Why I did not get any notice from the court?

                        thanks
                        Last edited by good2free; 11-24-2009, 03:33 PM.

                        Comment


                          #13
                          Originally posted by good2free View Post
                          Hello "Michigan1951"

                          Thank you so much for asking about the status of my first 341. Because of your question, I logged into PACER and looked at the deadlines link.

                          I found out that the "financial management" certificate is due by 11/27/2009. OMG, I found out about this today and finished my course and the certificate is on the way.

                          Just before my first 341 I called my layers office and the paralegal said that I have 45 days after my 341 to finish that but looks like she is wrong again. It is 45 days from the filing date. (She is the same one that screwed up my tax returns, Apparently she is the wife of my layer)

                          I will call them tomorrow morning and ask them to submit the certificate to the court.

                          What could have happened if I missed that dead line? Why I did not get any notice from the court?

                          thanks
                          I am SOOOOO glad you checked Pacer!!!!!! Whew. Now that tells ya to stay totally on top of your lawyer's office on everything from here on out. I wouldn't assume one thing now for sure. There are so many people here that will answer any question you might have even if you ask it more than once until you "get it". I am an example of that for sure. After you call about the submission of the certificate, don't let it rest if you don't see it show up on Pacer either.
                          I am not truly happy with my lawyer's office either. No word from them at all, and being left in the dark makes my mind spin all over the place and panic to high heaven.
                          Once again, I am SOOOO glad for you to have caught that error in time.
                          (first 341 10/14/09, cont'd 341 10/23/09) (12/14/09 last day to object) (341 Shows HELD w/tt report of no distribution 1/9/2010)
                          :clapping Discharged 1/25/2010 Case Closed 3/11/2010:D

                          Comment


                            #14
                            Originally posted by good2free View Post
                            I just checked PACER and it says my first 341 that was held on 11/17/2009 was TERMINATED on 11/18/2009 and the following line says the next 341 Due date is 12/8/2009.
                            My continuance 341 mtg. was on 10/23 and I didn't have to attend. It is now 11/25 and there is nothing in the deadline/schedules on Pacer that shows STATISFED or even terminated for the mtg. on 10/23. I called the clerk's office and they said the trustee has not filed any paperwork to show that the mtg. was concluded, or the final report is not in yet as well.
                            The 10 and 30 day timeline starts when the 341 is satisfied. I am in limbo now to see if trustee concluded it on 10/23 or NOT......Geeezzzzz. But, my STATUS page says Awaiting Discharge of 12/4 still.
                            Keep posting as I will be following your case as well. And, Good luck from here on out.
                            (first 341 10/14/09, cont'd 341 10/23/09) (12/14/09 last day to object) (341 Shows HELD w/tt report of no distribution 1/9/2010)
                            :clapping Discharged 1/25/2010 Case Closed 3/11/2010:D

                            Comment


                              #15
                              Originally posted by Michigan1951 View Post
                              My continuance 341 mtg. was on 10/23 and I didn't have to attend. It is now 11/25 and there is nothing in the deadline/schedules on Pacer that shows STATISFED or even terminated for the mtg. on 10/23. I called the clerk's office and they said the trustee has not filed any paperwork to show that the mtg. was concluded, or the final report is not in yet as well.
                              The 10 and 30 day timeline starts when the 341 is satisfied. I am in limbo now to see if trustee concluded it on 10/23 or NOT......Geeezzzzz. But, my STATUS page says Awaiting Discharge of 12/4 still.
                              Keep posting as I will be following your case as well. And, Good luck from here on out.
                              Hello,

                              I will keep on posting on this thread as soon as I learn something new. I just checked PACER and it say the "Financial Management" is SATISFIED on 11/24/2009. I took the test yesterday and got the cert in the email yesterday evening. Lawyers office uploaded the same to court computer right away. I am a bit surprised with them. BTW this test took about 30 minutes only. I used www.cccssf.org for both certificates and i think it is easy to go with.

                              Comment

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