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341 this morning Lucas County, Toledo, Ohio

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  • 341 this morning Lucas County, Toledo, Ohio


    I have been gleening info from here for months and not posted yet and wanted to say "Thank You" to all who posted before me and had great info to pass along. So I though maybe I could help a little for others.

    I just wanted to try and describe the 341 Hearing in Lucas County and what it looks like, ect.

    I parked on St. Clair at the meter parking. It is free for 1 hour. I dropped another hours worth or so I thought. The meter will only give you an hour. Be careful Toledo uses a service "Park Smart" and they are always out to get you. You then turn left and walk like 150 feet and the building is just on the opposite side of the street.

    The hearings are held in the Ohio Building downtown Toledo on Madison. The building itself is not what I expected. It is very beautiful building and when you enter the lobby it is through a revolving door and looks like a hotel. There is a counter desk in front that had a man in a suit who I suspect answers the phones and questions.

    Directly to your left are the elevators. When you get on you go to the 6th floor of the bulding. As you exit the elevator the office you need is directly to your right as you exit. You will see two signs. One going to the right office is for OSHA, the left is for BK Court. The bathrooms are to the left as you exit the elevators and the a quick right.

    There are three chairs near the elevator and off to the left is a window if you get bored or are nervous like I was. It looks out to a parking garage and looking down you can see some of the other offices. Down the hall from the bathrooms are another doors for OSHA employees and an office for a religious organinzation (made me smile).

    You can then enter the door for the court and will find a large waiting room with many chairs a small side office with a few chairs, desk and telephone for atty/client mettings. There is a support beam in the middle of the room that sort of blocks the flow but is great if you don't want to make eye contact, lol. Off to the right is a big window that looks down on Madison. To the left out the window you can get your mind off of things by looking at the stone carvings of Indians in the other buildings or by watching traffic.

    There was a sign advising that hearings are in session and to "Please be quiet" because new digital audio equipment is being used. There is also a large sign with an FBI warning about BK fraud. As a cop even I thought this was a little much. The rooms were bright and clean.

    You can then enter the door into the conference room. Near the window of this fairly large room is a desk with computer. There were chairs on the right side for the recorder and the Trustee. Near that were more chairs on the other two sides with the far side of the table butting up to the wall.

    In the room were two rows of chairs on both sides. There were enough so you were not stacked on top of each other. I hope this helps for a layout. Knowing how things look ahead of times always puts people more at ease.

    As far as my 341? Not bad at all. When I got there there were just a few people. They were all dressed in different ways. A guy in jeans and tshirt, a lady with a child (cute kid) and her friend dressed in street clothes. A few others just dressed in plain clothes as well. There was an older female who was very well dressed and myself in dockers, dress shirt, dress shoes and a tie. I almost felt self conscious lol.

    A man before me was in and out in like 5 minutes. Everyone seemed to have a lawyer except the lady with the child. But most seemed to have a lawyer that was just sorta "sent" and had to get up to speed. One was even asking every female in the office, "Are you so-and-so" which told me he had no idea who she was.

    The older well dressed lady went before me. She was in her 70's I think and had filed one time before in the 1970's and made the Trustee laugh when she stated her husband had filed for them and she never knew. The Trustee and recorder were a very good pair, polar opposites, but worked well together. The Trustee was dressed in a suit and very personable. The recorder was a very nice man with a good sense of humor and quick to smile. He was in casual attire and had said hello to everyone in the hall when he walked in.

    The lady before me was there for about 8 to 10 minutes. She was very funny. When asked about winning lottery tickets she stated, "Oh Lordy no! I wish!" and knew the odometer reading on her Cadi so well her atty asked the Trustee if he wanted to go "check it out" and the Trustee laughed saying, "She seems to have it well in hand!". They only had a few questions about some debts which turned out to be her doctors. And she then got a little long winded about her upcoming Dr. appts for the next few weeks. But the Trustee was polite and took it in stride.

    She was then excused and it was my turn. Turns out the Trustee knew my lawyer and they began to talk and the Trustee stated, "Now you're not going to start yelling at me like last time are you?" This freaked me out until they started laughing. Then they were talking football while I waited for the recorder to fix a computer glitch.

    They began then by swearing me in and having me state my name and address after checking my IDs. I then had to state that yes, my SSN matched, yes, it was my signature on the paperwork and the date filed and yes, I had read the tables and a warning about being truthful. They asked if there were any creditors present and there were none. As a matter of fact there were none for anyone there. And the Trustee only seemed to wait like 3 seconds after asking as if he didn't expect any.

    I was then asked to confirm where I lived again, where I work, if I pay child support and was up to day (yes and yes), if I understood the inheritance rule (yes), and about my truck and ATV and about reaffirming them. He asked if my wages were everr garnished (no). He mentioned my 2009 tax return and just asked if last year was the year I got to claim my daughter and I stated it was.

    He asked if I expected any inheritence, lottery winnings, money from suing someone, money from an injury all which were no. He asked if the one listed was my only bank account (yes), did I have life insurance (no), was my pension voluntary (no), did I have stocks (no) or bonds (no) or a safe deposit box (no). He asked if all my debts were correctly listed as well as my assets (yes and yes). My atty never had me list all my assets line by line but rather used a generic list which is acceptable in this jurisdiction because the Trustee never questioned me on any items. I was asked if I had sold anything or given anything away (no). Had I made any payments over 500 dollars in the last few months (yes, my mortage), and I think he asked if I had destroyed my credit cards (yes).

    The only two bugs in the questioning was 1) My atty listed zero money in my account at time of filing and I told them this was wrong and stated it was about three grand and gave them my bank staments and cash on hand he had listed as zero and I stated this was wrong as I had told him 250 dollars. My atty. seemed a little confused but I know he had in fact been told by me and dropped the ball. But in the end it was not a big deal to the Trustee and he just noted it and said, "Thank you". He asked what my atty charged as well (950 and filing fees).

    He asked just a few more basic questions and then concluded all was in order and closed the session. In all I think it took 8 to 10 minutes as well. The trustee then asked me about being a cop and saw I had claimed a Kimber 45 as my off duty gun. He then began to ask about calibers and told me had had his CCW permit in Ohio. He also asked about any officers I might know that he knew as well. Pretty nice guy.

    My atty and I then went into the little room for some paperwork and he told me I was set and a no asset case. While we were in there for like again 8 to 10 minutes the Trustee had heard another case.

    They then took a break and as I was leaving I bumped into the Trustee again. My atty. mentioned to him that the reason I had to reschedule my 341 the first time was because I had been at school for the last two weeks to became a Firearms Instructor. Which got him asking more questions. What was real classy was he asked if he bumped into our mutial friend would it be ok to say so. I thought it was cool to ask me first. I told him it was fine.

    We then rode down elevator with the recorder. He told my he was like "night and day" with the Trustee stating he was pretty "liberal and scared to death of guns" but not preachy just funny. He told me "Good Luck!" and we parted ways.

    All in all very well with the outcome I wanted. My appointment was at 0930 and I got there at like 0855. And was called at like 0925. The only thing that could have been better is if my atty had been there a little earlier. He strolled in at like 0923 and with the efficiency they were working I was worried he would be late. But he was coming from Findlay and I live just down from the courts and knw the area well from working criminal cases downtown so I have to cut him some slack.

    So here I am...finally!

  • #2
    Congrats on getting through your 341!
    Filed pro se, made it through the 341, discharged, Closed!!!


    • #3
      Originally posted by free2breathe View Post
      Congrats on getting through your 341!

      Thanks! Good Luck Tomorrow! You'll be fine!


      • #4
        Thanks for the post Love reading about 341s.

        Do you have to give up your 2010 tax return? Just courious.
        "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11


        • #5
          Originally posted by Freddy03 View Post
          Thanks for the post Love reading about 341s.

          Do you have to give up your 2010 tax return? Just courious.
          Thanks! No I do not. I did tell him that on years I don't claim my daughter I tend to historically break even or owe a little anyway.


          • #6
            Originally posted by snpr1 View Post
            The only two bugs in the questioning was 1) My atty listed zero money in my account at time of filing and I told them this was wrong and stated it was about three grand and gave them my bank staments and cash on hand he had listed as zero and I stated this was wrong as I had told him 250 dollars. My atty. seemed a little confused but I know he had in fact been told by me and dropped the ball. But in the end it was not a big deal to the Trustee and he just noted it and said, "Thank you". He asked what my atty charged as well (950 and filing fees).
            Congrats on your 341...welcome to the 60 day club. I too was in Lucas County, not a bad place and the people are nice enough considering. I have to ask, did I read this had $3000 in the bank the day you filed? I hope I'm wrong, but if you did have that kind of cash in the bank the day you filed......he may come looking for $$$ unless you exempted most of it. Although I do not think Ohio exemption including your wild card would cover it...not sure, it's been over a year for me. Maybe you got his soft spot in the elevator.


            • #7
              Congrats on a smooth 341.
              Filed Ch. 7 on 9/30/10---341 11/12/10---Report of No Distribution 11/16/10

              Discharged 1/21/11 Closed 1/26/11


              • #8
                I love reading about 341s too. Great details. Thanks & congrats!
                There are two secrets for success in life:
                1.) Never tell everything you know.


                • #9
                  Congrats and thanks for the detailed description. These help a lot of people.
                  Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
                  AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC


                  • #10
                    Originally posted by Freddy03 View Post
                    Thanks for the post Love reading about 341s.

                    Do you have to give up your 2010 tax return? Just courious.

                    We do have to give up the estate's portion of our tax return. We also have to surrender 25% of wages that were earned before the petition was filed, as well as the balance of our bank account on that day. We were lucky on that point though. We mailed our petition in, so the amount on the forms stated $xxx in the bank, but on the date the court actually filed the petition we had $xxxx. The trustee could have claimed it all, but was nice enough to accept that I had listed the amount at the close of the prior business day, even though that isn't the standard for our state. We have no cash exemption.

                    When given the declaration to sign, he asked if we had any questions. I said no, and he stated the meeting was over. Then I backtracked....saw what we have to pay him, and asked how long we had to surrender that amount. He didn't put a date down. He said that if we wanted, he could take the money out of whatever is left of our tax refund. We'll still likely end up owing the trustee. But as my husband pointed out to my very emotional reaction once we left the meeting room, "It could have been much worse, and we can breathe now!"

                    *didn't mean to jack the post...but this subject of the tax refund being owed has come up so often, so I thought I'd just share what happened in our case.
                    Last edited by free2breathe; 11-03-2010, 03:15 PM. Reason: To apologize for hijacking snpr1's thread ;)
                    Filed pro se, made it through the 341, discharged, Closed!!!


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