341 done!!

[calgirl67]

Ok guys... I had read all these 341 threads to get an idea of what we were in for and our 341 yesterday was completely different.

Our group for the hour was 22 cases, we were # 8 and the first 6 cases were Pro-Se filers (ie no attorney) and OMG did they screw up.

Too many screw-ups to list but among some of the idiotic: 3 cases bought NO social security cards, 2 cases had no copies whatsoever (even at home) of their petition they filed so did not know nor could refer to details of their petition, people who had rental properties but had provided no valuations nor had declared rental income, cars they did not know what year model they were, incomplete financial documentation. Out of just the 7 cases before ours 4 WERE CONTINUED for another date. OMG it was crazy. One couple had an attorney who was completely useless and said nothing, had no paperwork with him and their case got continued.

One guy chimed in from the back of the room asking when his case was going to be called 'cause he has been waiting there for 2 hrs and turns out his case was MAY 12 not April 12 and he was a Ch 13 not a 7. OMG.....

How can you go into a CH 7 hearing asking for a discharge of your debts without being properly prepared or even knowing what you had put on forms you file with the courts?

Then it was our turn... he grilled us somewhat on stupid stuff we had listed as personal property like a gun and stamp collection.

Oh well... we'll see but our attorney does not expect any issues to arise.

What really shocked me was out of the 7 cases before us 3 had filed BK previously. One couple this was their 3rd time in 17 years. I don't get it - I swear to god I am not going down this path ever again. If I cannot learn my lesson from this mess then I am not to be trusted with any kind of monetary responsibility or credit.

[Mensa1]

Then it was our turn... he grilled us somewhat on stupid stuff we had listed as personal property like a gun and stamp collection.

Like it matters what the property that you exempt is, as long as the items fit within the exemptions allowed by your state laws. The menton about the gun may have revealed the TT's political views; as in why do you even have such an obscene item? Or maybe s/he just never liked collectiong stamps as a kid.

[Universal]

I hope to never go down this path again either; but there is no judgment on one who makes multiple trips as it could be caused huge medical bills or any other unknown event. I am hoping our 341 goes smooth. I have everything together in a folder already and hope to be in and out. I also looked in the Trustee's Handbook on line at sample questions. Good luck to you.

[calgirl67]

Believe me I am not judging.. I filed too and made huge financial mistakes which I admit to and vow never to go there again. I guess one of the fine things about filing BK is all your personal dirty laundry gets aired in front of a room full of people and is also recorded for public record.

This particular couple was quizzed at length about the kind of debts they were seeking discharge on. The trustee asked them in depth: were these debts related to medical bills? NO How many cars do you own? 4 What year models are they? I DONT KNOW What is the mileage on these vehicles? I DONT KNOW You have listed very few assets and personal property on your schedules, and $123000 in credit card debt, what did you spend it on? I DONT KNOW Were any of your previous BKs related to medical or legal debts? NO

The trustee requested copies of their CC and bank statements going back 2 yrs, I guess he wants to see what they spent it all on.

Get the picture... this is not a hard luck story this is bad personal financial choices, over and over. My point is most of us facing filing BK hate it and most people learn their lessons and don't keep racking up debt. Call me judgemental or whatever but you can't ignore the fact some people just don't learn. I felt for them, especially the wife. She started to cry toward the end. That is quite upsetting to watch.

[Universal]

You are so right. I, personally, like you, have learned so much and do not ever want to retrace these steps.

[bobbyquefour]

Same here.....I have learned enough to not repeat any of the things I did in my 20 years of dealing with credit card companies. My only worry is "emergencies" but that is what a gradual savings account is for, not fear tactics that make you think you need that card "just in case" something happens. People sure as heck survived without them before they were invented.

[calgirl67]

Don't even buy into that "emergencies" stuff. Start a savings account and once it gets to $10,000 that is your emergency fund.

Think about it - what emergencies? Death/funeral? Medical bills (are you insured?) Car repairs? Last minute trip to dying relative? $10k should cover it.

I NEVER want to have to sit in that 341 room and air my financial sins ever again.

We have lived the last 16 months without charging a single penny to a credit card.. and funny enough now we are not making huge interest payments every month we have much more real money ie: cash than ever before and we are enjoying our life.

So if I have managed not to use a credit card in the past 16 mths I think I can manage for the rest of my life