Over the median Chapter 7 filers post your results please

[punisher338]

I would like to hear from over the median filers and how their 341 actually went. Any interesting questions? I am also curious to find out if and when the UST got involved.

THANKS!

[Charlie777]

My attorney did a great job on the paperwork and prep for my 341. We had all the necessary papers (bank statements, tax returns, pay stubs etc.) and the answers to the Trustee's standard interrogatories were filed ahead of time. There were just the standard questions (have you read? Did you sign? etc.), over in five minutes.

I don't think simply being over the median and having to demonstrate lack of monthly disposable income to pay out a CH13 draws too much attention, especiually where there aren't assets (I didn't own a home, had a divorce 18 months prior, alimony, etc.), at least in the court where I filed.

I can't emphasize enough that my attorney is a BK specialist, does nothing else, and knows the ropes. He and the staff walked me through the entire process as painlessly as I think it can be.

[punisher338]

My attorney did a great job on the paperwork and prep for my 341. We had all the necessary papers (bank statements, tax returns, pay stubs etc.) and the answers to the Trustee's standard interrogatories were filed ahead of time. There were just the standard questions (have you read? Did you sign? etc.), over in five minutes.

I don't think simply being over the median and having to demonstrate lack of monthly disposable income to pay out a CH13 draws too much attention, especiually where there aren't assets (I didn't own a home, had a divorce 18 months prior, alimony, etc.), at least in the court where I filed.

I can't emphasize enough that my attorney is a BK specialist, does nothing else, and knows the ropes. He and the staff walked me through the entire process as painlessly as I think it can be.

Good point about having a BK specialist lawyer. They are the ones in trenches everyday working the courts. Mine is a bankruptcy specialist and also a Trustee... We will see how it goes.

I am really curious to see how others 341's went when the UST got involved. How soon do they typically get involved?

[frogger]

What are you worried about?

[punisher338]

What are you worried about?

Everything I shouldn't and nothing I should...

Just wanted to see how peopled faired in a situation similar to mine. The whole 341 section is full of easy cases (under the median no assets), I wanted to see if I can find some that the UST got involved and what the typical outcome was/is.

I am going tomorrow to some 341's that are scheduled (not mine) that my assigned trustee is going over. Just wanted to see her in action and what I can expect.

[BCA2009]

No questions at all other than the standard ones he asked everyone else. I was 24K over the annual median. It's all about the numbers and having an attorney that knows what is acceptable from your trustee. I understated a few expenses because my attorney said they would flat out not be accepted, so why list them and draw attention. I passed the means test without them so no big deal.

The trustee didn't look at any documents other than my tax return. He asked the attorney about several others, but all he wanted to know was if the attorney had a copy of them. There was obviously a very good working relationship between them.

I can't say enough how important I think your attorney is in a over the median situation. Or if you have other unusual issues.

My attorney told me up front that he wouldn't take my case if he couldn't win. He also did not do chap 13 cases at all. I'm sure the main reason for this is that he didn't want to get bogged down in drawn out cases for $$ reasons . But I appreciated his honesty.

Before you make sure final decision on your attorney, do some research on pacer. If they do a gazillion cases a year, they are probably a mill and may not give you the attention you need. That may be OK for a slam dunk way under the median case.

I went back two years and looked at the result of all my attorney's cases. He did about a 100 a year. There was one Chap 11 and the rest were Chap 7. Every single one of the Chap 7 cases were discharged. I got tired of looking after going back 2 years. But I sure did feel more confident.

[punisher338]

What a great post BCA2009! That is very useful information.

Is there an easy way to look up your lawyers past cases in Pacer? I have been following my own cases but kept myself in check on doing too much snooping because of the costs. Can someone give me the quick breakdown on the lawyer lookup?

THANKS!

[BCA2009]

I don't remember exactly, but you go to query, jut like when you are looking up your own case, and you can enter an attorney name and a date range and it will pull up cases. I had to click into each case individually to see how it came out. But you can see the the discharge info without actually going into the docket for each case. You may have to play around a little bit, but you can search on most things. I also went to the docket for my court and looked up when my (potential) attorney was going to have some 341's. I thought about going and watching him, but ended up not having time.

[trying_to_fix]

I was way over the median so it's not so much what you make but how much you owe. I was surprised I was able to file CH7. The trustee did take the my tax return that was coming up the following year though.

[punisher338]

I don't remember exactly, but you go to query, jut like when you are looking up your own case, and you can enter an attorney name and a date range and it will pull up cases. I had to click into each case individually to see how it came out. But you can see the the discharge info without actually going into the docket for each case. You may have to play around a little bit, but you can search on most things. I also went to the docket for my court and looked up when my (potential) attorney was going to have some 341's. I thought about going and watching him, but ended up not having time.

Thanks for the info. I just found out by doing this I get all her BK cases plus all the cases she is a trustee for. WOW, lots of info. Thanks!

I went this morning to the 341's going on today (not mine) and most went pretty quick. There was a few that she had the clients sign promisary notes on the spot which kinda surprised me. Overall pretty simple and I hope mine goes the same!

Thanks for your input!

[punisher338]

I was way over the median so it's not so much what you make but how much you owe. I was surprised I was able to file CH7. The trustee did take the my tax return that was coming up the following year though.

Interesting. How far out were you from filing your tax return?

[In2deepnow]

i was over the median by 12K, The UST was at my 341. I was just ready to defend my schedules.

[BCA2009]

Thanks for the info. I just found out by doing this I get all her BK cases plus all the cases she is a trustee for. WOW, lots of info. Thanks!

I went this morning to the 341's going on today (not mine) and most went pretty quick. There was a few that she had the clients sign promisary notes on the spot which kinda surprised me. Overall pretty simple and I hope mine goes the same!

Thanks for your input!

I signed a prommisary note at my 341 also. I was glad to do it. The trustee made an offer, which was very fair. I was glad to sign right there and not have to come back or deal with the unknown of what else he might want in the future.

[punisher338]

I signed a prommisary note at my 341 also. I was glad to do it. The trustee made an offer, which was very fair. I was glad to sign right there and not have to come back or deal with the unknown of what else he might want in the future.

I agree, I would want to sign it right away and just get it over with! I was just surprised that it happen so fast.

[punisher338]

i was over the median by 12K, The UST was at my 341. I was just ready to defend my schedules.

Was that the last you heard from the UST?

Was there any indication that the UST was involved in your case prior to the 341 (IE Pacer)?

Thanks!