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341 Hearing in the Books

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    341 Hearing in the Books

    WA state 341 hearing over in 5 minutes. It was telephonic, and every question the trustee asked execept for 3 questions was on the sample list of questions provided by my attorney. I called the provided number, entered my code issued by counsel, and set phone to mute until your name is called. Trustee called out each name; counsel responded first, followed by the filer. I was number five. They will ask about large cash withdrawals which I had, but I bank with Wells Fargo so I removed the entire balance in excess of $3,000. As most of you know, Wells Fargo will freeze your money, and I explained that to the trustee who wanted to confirm that I had not paid any one creditor a large amount to which I responded no. I had vehicle expenses which ate up most of it (tires, brakes, servicing), followed by routine bills. As everyone is aware, it doesn't take much to annihilate $3,000. One of the filers before me had spent $6,000 of his tax return. He had no explanation for where the money went even when pressed by the trustee; his explanation was that it was just normal living expenses. Over the course of 2 or 3 months, I think that's reasonable since the guy wasn't working at the time. Trustee let it go.

    My attorney advised me prior to the hearing to ONLY answer yes or no, do not add details. I did just that, and it sped me right along. I don't even think my hearing lasted the full five minutes.

    The trustee did ask me two questions that he did not ask anyone else which I found odd, so I'll pass it along here so you can be prepared if you find yourself in a similar situation. It did catch me off guard. He asked me if I was related to the person(s) who owned the house I was living in. I said yes. He asked, who is that person to you? I told him, my dad.

    I believe his intent was to determine if I had a living parent and just how old my father is. He may already have known since a simple google search would reveal that my father is in his late eighties. I am convinced the trustee will keep an eye on my dad to see if he passes away before the 180 days from date of filing expires in which case any inheritance becomes the property of the trustee/creditors. While it's a sick and sad thought that what little a person might inherit can be taken away based on how many days pass from filing, the penalties are stiff and I encourage everyone to tell the truth this should it happen to you, i.e. don't try to hide your interitance regardless of how desperate you are. Prison is not worth it and it's a federal offense if you attempt to hide it. What your parents worked hard for becomes the property of the trustee/creditors from the date of the person's passing (who named you an heir) if it falls within 180 days of your filing, NOT the date you receive the inheritance.

    If anyone wants a list of the actual questions asked, I can provide. All the best to you filers. You'll get through it, and once it's behind you, you won't believe the rush of relief you feel when that meeting is over.

    Congratulations on getting beyond your 341 hearing.

    Your post got me to thinking..., in very early 2013, 2+ years before I filed my Chapter 13, my estranged father passed away; he was a man who up and left back in 1963 and I don't think I'd seen him more than a dozen times in the 60 years before his death, and certainly didn't expect any kind of an inheritance from his estate. By the time my 341 rolled around in 2015, any questions regarding any inheritance monies or property was truthfully answered by my saying I was not named in any estates, to the best of my knowledge, and this was still the case by the time of my discharge in 2020.

    Early this year, nearly 3 years after my discharge, his second wife passed away, and whaddya know, their joint estate splits the sale of all assets 50/50 between her nieces and nephews, and my father's three surviving children; long story short, sometime in the next year or so it seems I'll inherit a few tens of thousands of dollars. I wonder if the Trustee for my Chapter 13 might want to join the party and ask for that money.
    Latent car nut.


      If I understand this correctly, right of survivorship placed your father's estate in her hands (second wife) and you didn't become an heir until she passed away. I'd say you're in the free and clear and I certainly hope that's the case, but it's definifely a question for your attorney. Let us know how it shakes out - hope you get that money


        Thanks MotherJugs, I did in fact ask my attorney and she confirmed what I was hoping and what you said.

        What was interesting about the whole series of events is when my father's "Celebration of Life" was held back in 2013, she and her family put together a slide show of his life which conveniently extended his time in the Navy (in reality he was discharge not long after America's involvement in the Korean Conflict ended) until shortly after his fourth child (with my mother, his first wife) was born in 1962, after which he allegedly fell in love and married her. After the slide show, my nephew, an attorney, got up and spoke to the gathering and introduced himself as my father's eldest grand child (one of several); gasps could be heard from the entire audience; not one of them, her family and his co-workers of 40+ years alike, had any clue he'd ever been married before. Same story with his obituary, he was "survived" by only his wife.

        When I heard the story I was totally unsurprised; no wonder why I declined to go to the "Celebration".
        Latent car nut.


          I tell ya, estates/wills/family deaths bring out the absolute WORST in people. That was a crappy thing for the 2nd wife to do; to try and erase a family. Good for your nephew having the cajones to set the record straight. My own family has dealt with pure nastiness on a similar scale to what you describe, but we (sisters & I) cut the toxicity out of our lives and never gave it another thought.

          I feel that you are exceedingly fortunate that 2nd wife didn't abscond with the estate; if she had power of attorney before your father passed, she could have altered the way the estate is handled which effectually "changes the will" to her benefit. I've seen it done and so has a close friend of mine. My cousin was also a victim of this; new wife took everything. Glad you received your duly-entitled inheritance. Sounds like 2nd wife was celebrating herself and not the legacy of your father.

          I'm just so happy to have this 341 hearing behind me, am now counting down the remaining 180 days, and I'm living the debt-free life. There are obstacles, of course, but so far the credit card offers and vehicle financing offers have been pouring in, so it won't take long to establish credit and bring my score up. Do I want credit cards and a vehicle to make payments on? Hell no. I will do small credit cards, and pay off entire balances monthly since that's the only way to reestablish credit and up your score.

          One thing that's a downer, and maybe you know this, is that RV parks are now doing background checks to see if you have a bankruptcy. They will deny you a monthly rate (which saves thousands) if you don't submit to the check or if your screening returns evidence of a bankruptcy. It's becoming harder and harder to find RV parks that don't require this, and since I plan to live in an RV fulltime at some point, I was disappointed to learn of this.

          Best to you.... Mother Jugs


            Thank you for sharing! I have been so terrified and heartbroken about this realization (following a lot of denial and lost money to debt I now fully accept we can not repay without losing absolutely everything and having no where to go). Your post alone, setting a general idea of what to expect with even one step in this process is such a relief to me fears.

            I would life to see the questions you referenced.

            Looking forward to reading your posts (going to go catch up now)


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