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341 Meeting TOMORROW....

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  • 341 Meeting TOMORROW....

    Our Chapter 7 341 Meeting is tomorrow at 11:30 am. We are an asset case due to a preference payment that has been recovered and a car trailer should the trustee decide it is worth messing with. I have reviewed my petition and amendment, gathered all documents needed for tomorrow and have went over every possible scenario in my head. If every scenario happens, this will be the longest and most exhausting 341 meeting in history! Trying to remember to breathe, trusting in God to see us through this. I'm so nervous yet exhausted at the same time....wish us luck and I will report back tomorrow!
    Consulted attorney 8/2010 - Finalized mortgage loan modification 9/2011 - Filed Chapter 7 ASSET case 2/27/2012 - 341 Meeting 4/6/2012
    With God, all things are possible!

  • #2
    Good luck! My Ch7 341 was Thurs the 5th. It's our 2nd 341 (first was in November for our Ch13, and we had to attend another one when we converted to Ch7). Just be honest with the trustee. Are you planning on paying back the non exempt value of the property to keep the assets? If so, don't lock yourself into an amount. The trustee should give you 1-2 weeks to offer an amount. They'll also want to see if you've filed a tax return for 2011, and if not, ask for a copy when you do. Our trustee was pretty laid back.
    10/27/11 - Filed Ch13 ------ 2/27/12 - Conversion to Non-Consumer Ch7 ----6/11/12 - Discharged!


    • #3
      Oh my gosh, it was a breeze! I haven't ate, slept good or anything in weeks! He was really nice....he didn't take the trailer because he said he felt bad about having to take the $2500 preference payment back and thought we had been "gouged" enough! Didn't ask for my wages that weren't exempt like my attorney thought he would, nothing! He was very kind but business like. He said we did a great job filling out his questionnaire and so he didn't have too many questions. This was a new trustee in Oregon. My attorney didn't even know what to expect of him.

      He asked regular questions:

      -Do you own real property, if so the value.
      -Any garnishments.
      -Any transfers of property in the last 4 years.
      -Any payments to family in the last year. (We had paid my brother $2880 and he already recovered it and that was it, he didn't need any more info)
      -Any payments more than $600 to creditors in the 3 months.
      -Can you sue anyone.
      -Does anyone hold property for you.
      -Have you consulted any other attorney in the last four years besides your banko atty.
      -Do you own vehicles, what are the values.
      -He questioned what we used the $1993 that we took from my husband's retirement when we closed it in mid February and I told him attorney fees and he was like "gotta come from somewhere huh!" No further questions.
      -Do you have checking accounts, if so where. No further questions about that.

      He never asked to see our bank statements, pay stubs or anything that we brought because he already had them. All in all, this was quick and painless! My advice is to be prepared but don't drive yourself crazy like I did. Be honest and have a good attorney. There was a couple ahead of us who had a vehicle that was partially not exempt and they were going to have to pay $2500 and they acted like their attorney never told them and they were really upset. I felt bad for them. Otherwise everyone ahead of us was pretty quick and painless also. I do recommend sitting through several cases or go ahead of your meeting date to get familiar with your trustee. We watched about 6 cases before ours and it really helped.

      The only other issue that wasn't related to the meeting but Kay Jewelers sent our attorney letter wanting $327.00 or the two necklaces back that were charged on the account. Or we can pay it in $35.00 payments. I don't want payments but I want my necklaces so my attorney is going to offer them half in one payment as settlement. I am ok with that because the necklaces were gifts from my husband and they have sentimental value to me.

      We are an asset case because of the $2500 preference payment he recovered. We owe about $2500 in taxes so those will get paid first of course.

      So we should have discharge in 60 days but our case won't close for a while, correct? I hope my post helps someone like your posts helped me prior to our meeting.
      Consulted attorney 8/2010 - Finalized mortgage loan modification 9/2011 - Filed Chapter 7 ASSET case 2/27/2012 - 341 Meeting 4/6/2012
      With God, all things are possible!


      • #4
        Congratulations. After a 341 meeting you wonder why you were so anxious. You are on your way to a fresh start.

        My 2-cents: I would tell the jeweler come get them. They won't come for them as they don't want them back. You do not have to turn them over to them or send them to the jeweler. They have to come get them and then only after they have gone to court. I would call their bluff!
        Lawyer - $3000
        Filing fee - $299
        Fresh Start - Priceless


        • #5
          Welcome to the 60 Day Club!! You did very well!!!
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."


          • #6
            Thank you! I would like to call Kay Jeweler's bluff. My attorney said I can settle for partial amount, make payments, pay full amount or do nothing. I will run the last option by her on Monday!
            Consulted attorney 8/2010 - Finalized mortgage loan modification 9/2011 - Filed Chapter 7 ASSET case 2/27/2012 - 341 Meeting 4/6/2012
            With God, all things are possible!


            • #7
              ahhhh hnj. I am so glad that is behind you.
              Sounds like the trustee has a good attitude for his new job!
              Welcome to the 60 day club. But don't get too comfy there CUZ before you know it you will be out the door of that club and on to that fresh start.
              I was thinkin bout cha all day wondering how it went.
              filed: 8/10 ...341:10/8/10 ... Discharged & Close: 12/9/10
              "Nothing is easy to the unwilling" Thomas Fuller


              • #8
                Thank you OregonPilot! I almost don't know what to do with myself today! I don't have to worry or review paperwork or go over scenarios in my head, lol! I did sleep very well last night by the way!
                Consulted attorney 8/2010 - Finalized mortgage loan modification 9/2011 - Filed Chapter 7 ASSET case 2/27/2012 - 341 Meeting 4/6/2012
                With God, all things are possible!


                • #9
                  Originally posted by hnj22 View Post
                  Thank you OregonPilot! I almost don't know what to do with myself today!!
                  So glad you were able to finally relax. I know what you can do today.....Enjoy that sorta sunshine we have today!!

                  I sure know what you mean about not knowing what to do with youself after the 341. The day after mine my sweetie asked what I was going to find to obsess about now.
                  Last edited by oregonpilot; 04-07-2012, 01:52 PM. Reason: typos
                  filed: 8/10 ...341:10/8/10 ... Discharged & Close: 12/9/10
                  "Nothing is easy to the unwilling" Thomas Fuller


                  • #10
                    I started to obsess today about making the 60 days to discharge, audits, etc. and I told myself to STOP! LOL! We do have alot of sunshine in my part of Oregon today!!
                    Consulted attorney 8/2010 - Finalized mortgage loan modification 9/2011 - Filed Chapter 7 ASSET case 2/27/2012 - 341 Meeting 4/6/2012
                    With God, all things are possible!


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