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My 341 is today. I'm pro-se.

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    My 341 is today. I'm pro-se.

    Oh, I am so nervous. I know everyone is, though, so I try tell myself that millions of people have been where I am now, to calm my nerves.

    I have a kinda long drive to be at the courthouse. I am thinking of going early so that I can watch some other hearings. Then I tell myself not to do that, because my luck is the worst case ever will be the one I'll see, and I'll have a nervous fit worrying about mine. What do you ladies and gentlemen think?

    I am a pro-se filer, using the NOLO 2009 book, the us bankruptcy court website, numerous other sources, and of course you guys as my information sources. Been a lurker here since I decided to file, and your forum has an abundance of info.

    Ok...I'm getting too wordy. Thank you for the information you provide, and I'll tell you how it went when I get home this evening.

    #2
    Welcome 'buttercup'. I have to respect anyone who goes pro se. You will be just fine and please do report back. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      I granted myself the opportunity to observe some cases prior to my 341. The bulk of them were boring (a few minutes comprised of names, digits, "yes", and "no" just aren't exciting in my world ). I think your luck is better than you imagine. If you happen to observe the "worst case ever", you can sit back and feel lucky it wasn't you!

      Today isn't about luck for you. It's about honesty and exercising your right to a fresh start. It surely appears you've done solid research. Be proud of yourself for taking this pro se step!
      *Filed: September 23, 2009 *341: November 4, 2009 *Discharged: January 4, 2010 *Closed: January 20, 2010

      Hakuna Matata...it means NO WORRIES!

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        #4
        Thanks so much, Angelina and Hakuna... you've put my mind at ease.

        I filed pro-se simply because I did not have any money to hire an attorney. Also, I got the filing fee waiver from the judge two weeks ago. Was terrified about that hearing, but I pleaded my case, and he waived my fee. Was walking on clouds leaving the courthouse.

        So far, my case in total has cost me $17 for the NOLO book, and gas to get to and from the courthouse.

        Again, I'm rambling, as I tend to do when I'm nervous. Thanks again for the encouragement!
        Last edited by buttercup; 01-21-2010, 06:53 AM.

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          #5
          Going early to (a) make sure you're not late! and (b) see what goes on, is a very good idea. It's kind of like when my kids were toddlers and we'd go to see the department store Santa, I'd have them watch other kids first so they knew what to expect. (-: Also, you can immediately get an idea how to make the trustee happy by watching others -- e.g., by having your ID out and ready as soon as you're called up.

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            #6
            Hi everyone... just got back from my 341. I expected it to last much longer and to be much later getting home, but it went unbelievably smooth.

            OK...I'll walk everyone through my experiences, if anyone wants to read this.

            I arrived 20 minutes early at the office in which the 341s were to be conducted. I was in the first group after lunch. There were seven of us scheduled from 1 to 1:30.

            As soon as I sat down, obviously without a lawyer, on the third row, the trustee smiled at me and said, "Ms. Buttercup?" I said, "Yes?" He said, "Since you're pro-se, I have a form I need you to fill out, and you can just bring it to me when I call you up in a minute."

            I went back to my seat, and I filled out the form, which just asked about whether I had paid anyone to help me, if I had filed using an internet preparer, if any of them had advised me to hide assets... I marked NO to the first question, and then N/A to the rest, since I did all the work myself. I had filed an almost identical form when I originally filed my paperwork in December...but I guess local rules require you do fill it out for the trustee.

            After I filled out the form, I briefly looked back through my binder at anything I thought he might ask about... just to be prepared.

            OK...so the afternoon session began with the Trustee announcing his name and stating the purpose of the meetings. He instructed that any creditors who were the to stand when he asked for them at the conclusion of his questioning each filer.

            The first couple called went to the table accompanied by their lawyer (did I mention that the room was permeated with lawyers--not a bad thing as long as their on OUR side, right--ha!), showed the trustee their IDs, and then he asked them the standard ten questions. Gave them back the financial info they had sent them and told them to hang on to it until their case was over. Then concluded their hearing.

            Same with the second couple.

            The third was a single woman who had property for which she had not provided a deed or any paperwork. She didn't even know the street address of her property. Her lawyer must not have prepped her for the hearing...so her case was continued until her lawyer could get the deed to the trustee.

            The fourth was another married couple, who acted as if they were ashamed of themselves for being there. They spoke very quietly, so that people couldn't hear them... I felt sorry for them in a way. They, too, had an attorney.

            Then ME.

            I walked up with my black binder open, my id and ss card laying inside it, and said hello to the trustee. He was very kind.... smiled, told me to raise my right hand, swore me in.

            He checked my ID and SS card, then looked through my paperwork as he asked me questions like:

            1) State your name for the record.

            2) State your address for the record.

            3) Did you read the form (can't remember the number) that explained the significance of filling for bankruptcy?

            4) Is everything herein correct and complete to the best of your knowledge?

            5) Did you sign all sheets?

            6) Are you employed? (If so, what is the address?)

            7) Are your income tax returns correct?

            8) Have you omitted any real estate or property from your paperwork?

            9) Are you expecting any large sum of cash from an inheritance or lawsuit?

            10) Do you have any domestic financial obligations?

            After the trustee was through questioning me, he asked the room if there were any creditors appearing for my case. None.

            So he concluded my meeting, and I said, "Thank you." And he said, "You're welcome." I got my stuff and out the door I went.

            That was it! Took two--maybe three--minutes all totaled!

            When I was walking out, a lawyer in the room patted me on the back and said, "You did good." That gave me great relief!

            Like I said, in all of the hearings I saw, the only one that took longer was because the lawyer had not included something that needed to be there...deeds and plats.

            When I spoke to the trustee, I didn't whisper like everyone else did. I kept in mind what one of you told me this morning...about holding my head high, not to be ashamed or intimidated. I spoke loudly and clearly. I answered concisely and clearly. He didn't have to ask me to speak up...as he did others.

            So there ya go. I guess this makes me a member of.....

            THE SIXTY DAY CLUB!
            Last edited by buttercup; 01-21-2010, 01:40 PM.

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              #7
              Great! I turned up with a good amount of papers too to document things I thought my trustee might ask about, but didn't. I wonder if we didn't get asked partly because we visibly turned up with lots of paperwork! (-:

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                #8
                Originally posted by mtbc View Post
                Great! I turned up with a good amount of papers too to document things I thought my trustee might ask about, but didn't. I wonder if we didn't get asked partly because we visibly turned up with lots of paperwork! (-:
                I think that that's a VERY valid point. I was the only person who went to the table with my own paperwork...the ONLY one. I had everything organized where I could anticipate any thing he might need to see, and I could pull it immediately for him to peruse. Nope...overprepared. In my opinion, that's the best way to be!

                I noticed that he seemed unhappy with a couple of people. He asked them if everything was true and correct in their papers, if they had listed all property. Both people (separate cases) hesitated and looked at their attorneys. Uh oh. He knew he had hit on something and then probed deeper into assets.

                Yeah, I think showing up with the paper work, knowing your stuff, answering without hesitation is the way to go. And not looking at your attorney for "permission" to respond to a question. That seemed to get under the skin of the trustee.

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                  #9
                  Congrats Buttercup!! Pat yourself on the back for a successful pro se 341! Happy 60 days (and, don't stress, they fly by quickly)!!
                  *Filed: September 23, 2009 *341: November 4, 2009 *Discharged: January 4, 2010 *Closed: January 20, 2010

                  Hakuna Matata...it means NO WORRIES!

                  Comment


                    #10
                    I'm gonna repeat your sig line over and over...I might even watch Lion King a dozen times, and learn all the words to the song, so I can hum it to myself when I feel tension mounting.

                    YOUR advice to me this morning...can't tell you how many times I referred back to those words--"be proud of yourself." Thank you for that.

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                      #11
                      A quick question... I don't have access to pacer, as I don't even have a credit card anymore. How long does it take to get a pacer log-in without a credit card?

                      Which leads to another quick question--I read elsewhere on the forum that I can call a telephone number...I found that on the web. Will that provide the same case updates as pacer?

                      Thanks in advance!

                      Comment


                        #12
                        Do you have a debit card? If so, you can register for PACER and have nearly immediate access (your user name and password are sent via email). I know you can register and receive information via snail mail. Unfortunately, I don't know how long this takes. When you have your account, rely strongly on your initial query page. Focus on the "date of last filing". If the date hasn't changed, information has not been added (you will save money doing this as there isn't a cost for the initial query page).

                        You deserve to be proud of yourself! You exerted successful effort into taking control of your financial world and securing a fresh financial foundation. Wishing you no worries for the rest of your 60 days...keep the problem-free philosophy alive...hakuna matata!!
                        *Filed: September 23, 2009 *341: November 4, 2009 *Discharged: January 4, 2010 *Closed: January 20, 2010

                        Hakuna Matata...it means NO WORRIES!

                        Comment


                          #13
                          Congratuations!!! You did very well indeed and are a member of the 60 Day Club.

                          As to the telephone number; you can call the clerk of the BK Court and ask for your Case Worker. Part of your case number will determine who your case worker is. That person should be able to assist you with your case.

                          If you still have a checking account with a debit card, you can set up a PACER account. Our CU debit card allows us to use it like a credit card, and that is how 'Hub set up our account.
                          "To go bravely forward is to invite a miracle."

                          "Worry is the darkroom where negatives are formed."

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                            #14
                            Thanks for the info, Angelina! I will call her tomorrow.

                            Comment


                              #15
                              Originally posted by buttercup View Post

                              THE SIXTY DAY CLUB!
                              Well, I too am proud of you. I told you that you would be fine. It is great to see your success. 'Hub
                              If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                              Comment

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