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My 341 - Central Florida area

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  • My 341 - Central Florida area

    It's over!

    My attorney had told me ahead of time that the Trustee I got assigned was easy to work with. I would have to "buyback" my car from the Trustee, due to FL's low auto exemption and me owning my car free and clear, and my attorney actually negotiated the buyback price with the Trustee before my 341. A week before my 341 meeting, an amount was agreed upon that I would have to pay, and I knew the papers to sign would be brought to the meeting. Other than the car, I really had no assets.

    I am married but filed myself, since all the debt was in my name and most was incurred long before I married my husband 4 years ago. The house is in my name as well.

    My meeting was scheduled for 9:00 a.m. I got there at about 8:30, and waited in a small waiting room that adjoined the 2 rooms that the Trustees were meeting in. I got to talking to a few other people in that room, who were also waiting for my same attorney to arrive. Other attorneys came in, found their clients, and went off into a small room to discuss.

    There was also a creditor waiting, and we knew that he was going into the same room/same Trustee as us for a 9am meeting. I was praying he was not there for me!! There were 5 other cases scheduled for 9am, so I figured there was less than a 20% chance he was there for me.

    My attorney came in about 3 minutes before 9am, and then we all went into the room where the Trustee was waiting. He was sitting at a table in the front of the room going over papers and working on his laptop.

    The first guy that went up there got drilled. There were lots of questions about what he did with the money he got when he sold his car last year (the guy "couldn't remember."). Then the Trustee asked him about various withdrawals and deposits from his bank statements, most of which the guy couldn't explain. The TT even turned his laptop around to show the guy, and they spent some time pointing to various things, and the guy couldn't explain any of it. He didn't know what that withdrawal was, or that deposit, or what he did with the $6000 he got last year from selling a car, etc. Not good. He was given a new date, in 2 weeks, to come back with additional documentation. Yikes. And he had an attorney with him too, who looked helpless. I was very thankful that was not MY attorney.

    There were about 3 more people before me, and theirs went smoothly, except one couple had the Creditor!! He was there about a motorcycle that was financed. I couldn't really understand it all, but the TT had to keep reminding him to ask questions about their assets. All the creditor was doing was pleading his case for money ("We got a judgment on them and didn't get any money." "They filed BK right when we were supposed to get our money." "They still owe us $_____"). The TT just kept saying, "You may ask them about any ASSETS." Finally they were dismissed and the creditor looked seriously pissed off. I am sure he knew it was highly unlikely he'd get anything.

    Then it was my turn. I got sworn in (everything was recorded), and the TT proceeded with the same standard questions he had asked everyone else. Here's what I remember from them:

    - State your name
    - (he then asked for the attorney to identify himself for the recording)
    - Did you read the bankruptcy information provided to you?
    - Did you read your petition?
    - Is everything in the petition accurate to the best of your knowledge?
    - Do any changes need to be made to your petition?
    - Do you own any real estate?
    - Do you own any vehicles?
    - What caused you to file bankruptcy?

    He then pulled out the car buyback agreement for me…I signed it….he told me to be sure to maintain insurance on the vehicle until the case was over (even joking that afterwards, I could do whatever I wanted). I asked a question or two about where to send payment.

    After that, I was shocked when he smiled and said, "I have no other questions. You are free to go." No questions about the custodial account I have with my 19-year old son that had over $5,000 in it (until my son withdrew it all a few weeks before I filed)…no questions about anything else. I was shocked. From the time I was sworn in to the time I was dismissed, it was MAYBE 4 minutes -- with half of that being me reading and signing the buyback agreement.

    Very thankful to my attorney who was on top of everything, pro-active (negotiating the car buyback before the 341), and putting my mind at ease on those times I e-mailed him worried about something. He always e-mailed me back within a few hours, and his responses of "that won't be a problem" or "no, the TT won't need to see that" was right on the money.

    I guess the stressful part is over with now and I can start living my life!! DEBT-FREE for the first time EVER!!!! It's very freeing.

  • #2
    Welcome to the Forum.

    If you had read thoroughly through the 341 Board on this Forum, you would have had most of your worries put to rest before you entered that courthouse. Yes, all cases are a tiny bit different from each other, but about 95% of them end up being no worry at all.

    My best~~
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."


    • #3
      Originally posted by AngelinaCat View Post
      Welcome to the Forum.

      If you had read thoroughly through the 341 Board on this Forum, you would have had most of your worries put to rest before you entered that courthouse. Yes, all cases are a tiny bit different from each other, but about 95% of them end up being no worry at all.

      My best~~
      Well actually, I did read through a good number of them, pages of them actually. Many with easy outcomes, a few "stories." Did I come across as having worries before I entered that courthouse? I think it's quite normal to still feel apprehensive and a bit nervous, is it not, even if you're not really worried about anything and have nothing to hide? I think most normal people would feel that way. But any of my "worries" had been put to rest by my attorney, well before the 341 meeting, as I indicated above. I was "expecting" him to ask me about the $5,000 sudden withdrawal from my son's custodial account….and about all my Ebay selling over the summer which totaled a few thousand….and after seeing him asking others about specific deposits/withdrawals, I was wondering if I would get the same and hoping I could remember what each was for. But, no, I don't think I was worried or unusually nervous. Thanks for your comment.


      • #4
        Congrats. Central FL trustees can be quite painful!


        • #5
          Oh yes, 2 more questions I was asked:

          - Does anyone owe you money?
          - Do you expect to receive an inheritance?
          - Do you own any stocks, CD's…?


          • #6
            Congrats, thank you for sharing your story.


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