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    341 happening

    and I know in advance the US Trustee is going to be questioning me about how it is that I have made no money over the last 6 months, and whatever other concerns they have.

    We were over the median with my wife's steady income, and I was trying to be in sales but, had absolutely zero success. With deductions, we are comfortably below the means test.

    My attorney is not greatly concerned, but, it's not comforting to know that I will be grilled by BOTH Trustees today.

    I am thankful for this forum, I only wish I found it months earlier. I will post afterwards how it went, good or bad. Thanks to everyone here.

    #2
    Hang in there and good luck today. Just answer honestly and I'm sure it will all be fine.

    Comment


      #3
      jst as SG has said, relax, it's going to go well. they really don't DRILL you, until they feel something is not quite right. your situation in somewhat common today, with one spouse working and the other one not. take a deep breath. it will go well and be over before you know it!
      8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

      Comment


        #4
        You will do fine!!
        ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
        Not an attorney - just an opinionated woman.

        Comment


          #5
          We are all with you!!!!

          Comment


            #6
            Update: That was NOT easy. I was grilled this morning for about 30 minutes first by the panel trustee, then, another 15 minutes or so by the US Trustee - total of about 45 minutes.

            I think it went horribly, but, neither one of them said they wanted to continue the meeting, it was "concluded" and so, I suppose that is at least a small positive. The US trustee said they did not need to continue it, but, they specified for the record that they have not yet reviewed the documents I provided, and they may have additional questions later.

            Neither asked for any additional documentation at the end, beyond what the US Trustee asked me to bring with me today.

            Now what happens? When do I find out if we are, officially a "no asset" case? When do we join the "60 day club"?

            Comment


              #7
              Have you signed up for PACER yet? It gives you electronic access to your case. There is an .08/page fee for looking at the info BUT they bill quarterly and you have to exceed $10 in order to be billed. There is a great sticky about how to use PACER effectively and cheaply located here: http://www.bkforum.com/showthread.ph...Guide-amp-Tips

              Our "No Asset" notice was posted to PACER the next morning but Panel Trustees vary WIDELY in how quickly they post this. This sticky may help you too: http://www.bkforum.com/showthread.ph...after-Your-341

              I would have bet $$ that the UST had not had time to review your P&L since you were only able to provide it to them in the last couple of days - so you probably thought the same thing and weren't terribly surprised about that. While he did say he had not gone over it, the fact that he did not continue your 341 seems like it was a good thing (IMO) for the UST.

              Did the Panel Trustee question any of your exemptions? Any of your expenses? Or was it all related to your old business(es) and your lack of income?

              My biggest question is: How did your attorney think the 341 went?

              Hang in there - it is what it is at this point and no amount of worrying will change anything. (Easier said than done, I know, I know!) If the UST requires more docs; just be speedy with getting them what they need.

              We are all rooting for you!
              ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
              Not an attorney - just an opinionated woman.

              Comment


                #8
                Thank you, ValleyYum, and a sincere thanks to all on this wonderful forum. I do have a pacer account set up, and I will start looking to see when new things are posted.

                My attorney said it went quite well, it just did not feel like it from where I was sitting, LOL.

                As you said, its over now, and there is nothing for me to do now but wait.

                If the Panel Trustee wanted more info or more documents, would they have continued my 341 til a later date and asked for it while I was there in front of them, or can they just as easily request additional stuff in a week or 2 or 6 if they feel like it?

                How about the US Trustee, since they did not want to continue the 341, can I be comforted knowing that in 14 days I will find out one way or another from them?

                I guess what I am asking is that now that my 341 is over, and "concluded" is there any closure for me?

                Comment


                  #9
                  Originally posted by filed View Post
                  Update: That was NOT easy. I was grilled this morning for about 30 minutes first by the panel trustee, then, another 15 minutes or so by the US Trustee - total of about 45 minutes.

                  I think it went horribly, but, neither one of them said they wanted to continue the meeting, it was "concluded" and so, I suppose that is at least a small positive. The US trustee said they did not need to continue it, but, they specified for the record that they have not yet reviewed the documents I provided, and they may have additional questions later.

                  Neither asked for any additional documentation at the end, beyond what the US Trustee asked me to bring with me today.

                  Now what happens? When do I find out if we are, officially a "no asset" case? When do we join the "60 day club"?
                  i'm so sorry you had to go through this!!!!

                  i'm hearing More and MORE and MORE here in florida, it seems to becoming the norm that the trustees are hitting people hard at their 341s. i'm sorry, i didn't want to tell you because i didnt' want you to stress, and also i didn't know which district you were in. i know here in the middle district it's like they all starting taking MEAN pills at the federal court house!!!

                  i personally think they are just trying to get the word out the bk is not a walk in the tropical park. but remember, there is absolutely nothing that can't be resolved. hopefully you will hear soon that everything is fine.

                  there will be closure, however, you did say you were a no asset 7, so i was just wondering what made the US trustee make a appearance? do you have any assets, were you over the exemption limits. just wondering. i know we had a woman trustee, and no one from the US trustee office attended our 341. but that was more than a few years back.

                  again, i'm hoping it will soon go all away for you
                  8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                  Comment


                    #10
                    tobee43, I did not mean to imply they were mean, just VERY thorough. I also don't want to say what district I am in, but, I have heard stories about the middle district being tough - I did not think ALL the districts were apparently equally tough/thorough, LOL.

                    The US Trustee was interested because of being slightly over the median, they asked for a good stack of documents which I happily provided.

                    Comment


                      #11
                      Originally posted by filed View Post
                      tobee43, I did not mean to imply they were mean, just VERY thorough. I also don't want to say what district I am in, but, I have heard stories about the middle district being tough - I did not think ALL the districts were apparently equally tough/thorough, LOL.

                      The US Trustee was interested because of being slightly over the median, they asked for a good stack of documents which I happily provided.
                      i guess being "mean" is all relative LOL!! i was unaware that your were slightly over the median, that alone, is enough to generate some "extra" attention from the trustees.

                      it's GREAT that you had all your documents in order, it makes things go so much smoother!
                      8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                      Comment


                        #12
                        We just had our 341 in Middle District of Fl yesterday, no asset case and over the median by about 12k, our trustee has a rep. of being one of the "mean" one's.... but actually he/she wasn't mean at all yesterday. Our 341 lasted a whole 10 minutes probably and we even had some high ticket expenses within the 90 days before filing and they weren't even questioned. Our trustee took a good look at our jewelry and asked questions about some of our other personal property. Our atty tried the trick with the wild card going to my hubby and me the homestead because the house is only in my name and trustee would have no part of that. So-- oh well we may end up paying 1,500 or so to keep our stuff when its all said and done but no big deal if we are discharged of 100k+ in debt....I was very happy with how our 341 went yesterday. When do the US trusees get involved? would we know by now if they were interested in our BK-7 case?

                        Comment


                          #13
                          QUOTE=filed;552056]tobee43, I did not mean to imply they were mean, just VERY thorough. I also don't want to say what district I am in, but, I have heard stories about the middle district being tough - I did not think ALL the districts were apparently equally tough/thorough, LOL.

                          The US Trustee was interested because of being slightly over the median, they asked for a good stack of documents which I happily provided.[/QUOTE]

                          Does the US trustee choose cases at random? We are in the Middle District of FL...where the mean trustees are .. we are over the medianby 10-12k, and slightly over on the exemptions and noone from US trustee ofc was at our 341 yesterday...does this mean we are in the clear?

                          Comment


                            #14
                            Originally posted by KnOmom View Post
                            We just had our 341 in Middle District of Fl yesterday, no asset case and over the median by about 12k, our trustee has a rep. of being one of the "mean" one's.... but actually he/she wasn't mean at all yesterday. Our 341 lasted a whole 10 minutes probably and we even had some high ticket expenses within the 90 days before filing and they weren't even questioned. Our trustee took a good look at our jewelry and asked questions about some of our other personal property. Our atty tried the trick with the wild card going to my hubby and me the homestead because the house is only in my name and trustee would have no part of that. So-- oh well we may end up paying 1,500 or so to keep our stuff when its all said and done but no big deal if we are discharged of 100k+ in debt....I was very happy with how our 341 went yesterday. When do the US trusees get involved? would we know by now if they were interested in our BK-7 case?

                            they have 60 days, and i'm certain most likely you have nothing to worry about. you're atty most likely would have told you if they felt it didn't go well. however, one never knows what a trustee will decide to question.

                            don't worry yourself to much!! i'm certain there is nothing you can't show in documentation. that's really all they want. worse scenario, if you are an asset case, they will give you direction all the way as to what will be expected from you.

                            you got that right! 1500 dollars is a drop in the bucket compared to 100k worth of debt!
                            8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                            Comment

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