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341 experience

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  • 341 experience

    Well I had my 341 yesterday. I was nervous, but was so ready for it to be over. Mine was at 3 and I got there at about 2:30. We sat in the waiting room and heard others talking about their case.

    There was an older woman there, maybe in her 80's who had forgotten her social security card. Her lawyer told her to not worry about it, that the trustee would not make a big deal about it.

    About 5 minutes till 3, our lawyer showed up. He made us sit up in the front row. Luckily I was about the 10th person, so I was able to hear the questions that he asked everyone.

    All of the questions were the same:
    1) Have you read your petition?
    2) Have you listed all of your assets?
    3) Did you have more than $1000 in your bank account? Which I did, because my check was deposited that morning. He said since it was wages, it didn't matter.
    4) Asked about the vehicles?
    5) Asked about your income tax refund and how you spent it? Most people stated living expenses and he didn't like that answer very much. He wanted more detailed answers especially when someone went up there and said that and they had gotten back around 8,000 dollars. I told him that I just had 6 weeks of unpaid maternity leave, caught up on utilities and stuff for my children. He didn't ask any more on that, and I had gotten back about 7,000 dollars.
    6) He asked if you had any claims or inheritance coming?

    There was one family that sold about 10 cars to family members before filing. He kept asking is $200 really fair market value for it and the guy said well I'm not sure but that's all I could get for it. Alot of people when they were talking about their vehicles, they would state it's not running. One man said that and the trustee asked him well what does it need for it to run and the man told him probably a battery and the trustee kind of laughed. There were two couples that this was their 2nd time filing and another family it was their 3rd time filing. They filed in 1992, 2000, and 2010.

    There were no creditors there for anyone. Almost everyone had a lawyer.
    If anyone has any questions, I will answer them because I received so much great information from everyone else here.

    I just feel like now my family and I can have our fresh start. So I'm in the 60 day club!!!

  • #2
    thanks for all that info.

    i know i am worried a lot about this so i appreciate hearing about experiences of others.

    my ss card is missing. i forgot about that. it's been gone a while. maybe time to get a replacement.


    • #3
      Originally posted by Maquitagirl View Post
      5) Asked about your income tax refund and how you spent it? Most people stated living expenses and he didn't like that answer very much. He wanted more detailed answers especially when someone went up there and said that and they had gotten back around 8,000 dollars.
      So, he wanted more specific info about how tax refund was spent? Can I assume the others filers were able to satisfy his questions?

      Interesting everyone had a lawyer as well.

      BTW< congrats!...glad to hear it went well for you and your family.


      • #4
        Yes, he asked each person about their tax refund and how they spent it. One person used it for a newer vehicle with trade in of their old vehicle. One family said they caught up on bills. He said "what bills", "were any over $600." The person said no.

        We did have one person there that had sold almost all of his possessions to family members. Sold an RV for $700, cars for around $200 and guns for like $50-70. There was a 2 page list of things he had sold. The trustee kept asking him if it was fair market value and the man replied to the best of my knowledge it is.


        • #5
          Originally posted by drowningNIL View Post
          thanks for all that info.

          i know i am worried a lot about this so i appreciate hearing about experiences of others.

          my ss card is missing. i forgot about that. it's been gone a while. maybe time to get a replacement.
          Yes, get a new one now. Some trustees will accept other evidence of your SSN, but some will delay the 341 until you get a new card.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


          • #6
            thanks! Sounds like that guy that sold posession and such either knew how to work the system or will be one of the lucky few to get audited by UST (I heard by LAW that UST must audit 1 out of 250 BK')


            • #7
              My tax refund was $3,560 in total ($3400 federal and $160 state). Will the trustee ask what I spent it on?

              I just got my replacement SS card today. Better have it and not need it than need it and not have it.
              Filed chapter 7 Jul 13, 2010 341 hearing Aug 12, 2010 Trustee's report of no distribution Aug 20, 2010 Discharged Oct 13, 2010 Closed Oct 28, 2010.


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