341 Hearings - I observed 35 of them - here are my notes

[gman]

Thanks for the post!

Can you tell us what you saw as far as questioning of joint filers? By that I mean did they ask the husband and wife the same (or different) questions individually or just ask them both at the same time and let one answer?

Thanks

I saw many joint filers.

All questions were directed to both of them - and both had to answer - typically "yes" or "no".

[researchnerd]

Thanks for the post!
Can you tell us what you saw as far as questioning of joint filers? By that I mean did they ask the husband and wife the same (or different) questions individually or just ask them both at the same time and let one answer?
Thanks

In my Ch13 341, the Trustee asked questions and we both answered them. At my Ch7 hearing, the Trustee asked us to choose one person who would answer the questions - DH did it. I suspect this is more about Trustee preference than which chapter is being filed. It also may be because they record every hearing and it's easier to hear one clear voice than two voices together.

[UghUghUgh]

Great post! We had our 341 just last week and I was sweating it because we too, were "really close' on our means test. In fact, our lawyer said it twice while reviewing our file just before the meeting, as we're considered a 'higher income' chapter 7 filer. Not a single question about expenses was asked, just the basics. Trustee flipped thru our file, said something about our tax return looking good, asked where I was employed, did I give any $$ to relatives lately. Looked at us, smiled, said he had no further questions and we were free to go. Maybe 3 minutes?

What is considered 'higher income' ch 7? Over 100k? I am curious, new here and have not seen that term before.

[metoo]

Thanks for the post!

Can you tell us what you saw as far as questioning of joint filers? By that I mean did they ask the husband and wife the same (or different) questions individually or just ask them both at the same time and let one answer?

Thanks

[repuman]

Great post! We had our 341 just last week and I was sweating it because we too, were "really close' on our means test. In fact, our lawyer said it twice while reviewing our file just before the meeting, as we're considered a 'higher income' chapter 7 filer. Not a single question about expenses was asked, just the basics. Trustee flipped thru our file, said something about our tax return looking good, asked where I was employed, did I give any $$ to relatives lately. Looked at us, smiled, said he had no further questions and we were free to go. Maybe 3 minutes?

[ryan]

Gman: THANKS ! thats one of the best reports I've read on the forum in a long time..
So thorough and well-organized....just great>

[Bell30656]

A big factor in mine was the child support.

[ccsjoe]

when you say you were over the medium but easily passed the means test. Can I ask how did you do that. We are using IRS standards for expenses, are there other expenses that I'm missing that I can include?

thanks

Fallonedward, I'm exactly in the same boat as in I am 16K over median and passed means test. My factors were underwitheld taxes which are allowed to be forward looking on means test and high childcare expenses (almost 1K/month), back due IRS & state taxes under installment agreements, and a monthly car payment that just about meets the max. IRS standard plus public transportation since my wife uses exclusively public to go to and from work. I think my lawyer also added about 200 of telecomm expenses on that one miscellaneous line.

Hope this helps.

[Fallonedward]

I was over medium but easily passed the means test. There was no disposable income left or under a $100.

when you say you were over the medium but easily passed the means test. Can I ask how did you do that. We are using IRS standards for expenses, are there other expenses that I'm missing that I can include?

thanks

[UghUghUgh]

gman,

Thank you for this excellent post. So much information. What an interesting day!

[Bell30656]

I was over medium but easily passed the means test. There was no disposable income left or under a $100.

[tobee43]

Hello,

I took the prefiling course within the past seven months but retoke it recently since 180 days had passed. Can I get into trouble for having taken the course twice? Does the court know that I took the course twice? Is there any type of jeopardy attached to having taken it earlier and then retake it?

Does the trustee have a database that shows who took the course and when?

I just don't want to get myself into a legal jam.

thabnks in advance
hank

no...it must be taken within that time period, so you were correct to re cert yourself.

there are a few ways to notify the court. we did via our atty's code and we rec'd copy of the cert....the atty's office did as well as the court all done electronically.

i have heard other take the course get their certs and then have to submit them directly to the court if they are pro se or give a copy to their atty's to submit for them. either way, taking it twice because you went over the time limit was exactly what you needed to do.

[hankmartin]

Hello,

I took the prefiling course within the past seven months but retoke it recently since 180 days had passed. Can I get into trouble for having taken the course twice? Does the court know that I took the course twice? Is there any type of jeopardy attached to having taken it earlier and then retake it?

Does the trustee have a database that shows who took the course and when?

I just don't want to get myself into a legal jam.

thabnks in advance
hank

[gman]

So if they ask me "Did you have a new job or a job offer by the time of your 341"?
Tell them I have a job offer starting in November with the Army? I'll ask my lawyer before hand also.

I am not a lawyer....but it appears if asked if you have a job offer - you must answer yes (or risk perjury.)

Just my opinion - not to be taken as legal advice.

[ironpirate]

"Don't ask...Don't tell..."

Sorry - could not resist.

In all seriousness, only respond to the question that is specifically asked.

If they ask are you employed now....then you have one answer.

If they ask have you accepted a job offer....then you have a different answer.

The key is responding to the question they ask - and that question only.

So if they ask me "Did you have a new job or a job offer by the time of your 341"?
Tell them I have a job offer starting in November with the Army? I'll ask my lawyer before hand also.