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    Had 341 today...????

    I survived!! I was so nervous Im soooo glad that is over.

    I own a home with my boyfriend-not enough equity for him to go after. He said it is close though.. How long before I know he declairs it a no asset case?
    Or if hes going to dig or want anything else form me??Would he have requested it right there and then?
    My atty said I did good and everything is OK.. Dont know what that means. I was so darn nervous I wanted to barf!!LOL
    Filed 2/28/07
    341 4/4/07- DONE
    6/7/07- Discharged & CLOSED

    #2
    Congratulations newgirl! I had my 341 yesterday. I think the next step is the trustees report which will show up on pacer. I am hoping within the week. That should state what the trustees thinks after looking over the case, as in declaring no asset, wanting more info, etc. I'm sure others who have already been there will chime in.
    chap 7 discharge 06/07

    Comment


      #3
      So-so 341

      Well, I did survive, but thanks to mistakes in the paperwork by the attorney my case has been continued for another month.

      The Trustee was pleasant with me but more and more aggravated as I sat there because of the attorney's errors. SEVERAL errors. (Trustee to Attorney, summed up: 'wait, wait. This is wrong. You put this here, that's wrong. Wait. This is missing, what happened here, this is also incorrect, this needs to be amended, you need to get these to me right away...This needs to be continued to May, obviously. I need this and that and the other, you need to amend this and that, and it buys me more time on the clock to object.' All attorney said was pretty much, 'oh, sorry, thought I did, wait, it IS, isn't it...? Oh, sorry...)

      As I posted elsewhere on the forum in response to another post, the Trustee had asked maybe 4 questions before he asked, "How did you get yourself into this debt, this situation?" As I stated in my other post related to that question, my attorney said they always ask that in every case he has ever had. (And I had sat in to get ready for my turn at the desk, and he asked that question of every single person.)

      So, that part is over, and I am relieved for that and glad it was fairly quick and the Trustee was decent. But certainly dismayed at finding out there were more than a few errors in my paperwork.

      I have to get more clarification when I can actually reach my attorney because there was so much legalese it was impossible for me to understand completely what one or two of the errors were actually about. I'll be waiting to hear it in plain English!

      The Trustee made it clear he is interested in a few things, so who knows. I have no property, no assets, no NOTHING! (He said, "you don't own a car? How did you get here today?" To which I replied, "my friend sitting right back there took the day off to drive me." Which is true. Yes, sad, but true, I don't even have a vehicle!)

      Anyway, it was far from terrible, certainly! No ambush by creditors! And I know even if it had gone perfectly it doesn't mean a thing necessarily because anything and everything can happen after and until all is closed. But I still feel a bit disappointed and concerned about what went on,the errors, being continued to May etc.

      Thanks to all here who helped me put one foot in front of the other to walk in there today! You all are the best!

      Comment


        #4
        Congrats, NewGirl!!

        Now prop your feet up and wait out your 60 Days!!

        Hopeless,............

        I am so sorry for you that your attny obviously dropped the ball. Remember tho, your 60 day Creditor's Objection clock started ticking at your 341.

        Regardless of all else that happens with the Trustee, which should be mainly Administrative in a No Asset case, you're officially in the 60 Day Club!!
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment


          #5
          Thanks as always, SF, appreciate that!

          Glad I get to join that club regardless! Yay

          It was just distressing - to hear about all these errors and to watch the Trustee actually getting peeved about them. At least he directed his irritation in the proper direction!

          Have to see what attorney has to say about it. I imagine he won't say much, never does! But it seemed some errors were far more important and more an issue to the Trustee than others. For me, I was really hoping for NO ERRORS! Crazy me

          Congrats to all others who sailed smoothly through their 341!

          Comment


            #6
            Hopeless, just wondering....did you review your bk forms when you signed them?

            So glad your 341 is over and no creditors showed up! As SF said, it's not the end of the world to be continued a month. Just be certain to review every page of your forms line by line before signing them this time. Hang in there - you are on your way!
            I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

            06/01/06 - Filed Ch 13
            06/28/06 - 341 Meeting
            07/18/06 - Confirmation Hearing - not confirmed, 3 objections
            10/05/06 - Hearing to resolve 2 trustee objections
            01/24/07 - Judge dismisses mortgage company objection
            09/27/07 - Confirmed at last!
            06/10/11 - Trustee confirms all payments made
            08/10/11 - DISCHARGED !

            10/02/11 - CASE CLOSED
            Countdown: 60 months paid, 0 months to go

            Comment


              #7
              Way to go, newgirl! Now it's just wait out the 60 days. Here's hoping they go quickly and quietly!
              I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

              06/01/06 - Filed Ch 13
              06/28/06 - 341 Meeting
              07/18/06 - Confirmation Hearing - not confirmed, 3 objections
              10/05/06 - Hearing to resolve 2 trustee objections
              01/24/07 - Judge dismisses mortgage company objection
              09/27/07 - Confirmed at last!
              06/10/11 - Trustee confirms all payments made
              08/10/11 - DISCHARGED !

              10/02/11 - CASE CLOSED
              Countdown: 60 months paid, 0 months to go

              Comment


                #8
                lrprn,

                I did review my forms very carefully, HOWEVER, the attorney made some changes I was not YET aware of. Yeah, what a shocker from this guy ;) (One of the "errors" has something to do with the state and exemptions, etc., not something I would have noticed or known a thing about, not anything I had to sign off on. The kind of legal jargon in one area that you TRUST your LAWYER knows all about and will properly address!)

                Anyway, yes, I had gone over it several times, line by line, because I wanted to double and triplecheck everything. The errors are not in what I signed off on but, seems like, him putting the wrong information in the wrong places after making certain changes and NOW I get to go back over and find out what he did!

                What struck me is how he could make changes and file that without me having to sign off on any corrections. I don't see how that could be. Unless these are changes on pages that can be adjusted and reprinted individually...?

                Love his, 'oh, no big deal, minor adjustments, nothing major' response from this guy, as if I shouldn't be involved in EVERY aspect of MY paperwork, my bankruptcy. May not be a big deal to him, but he should have SOME sense that it is to me!

                Granted, it may very well be not terribly unusual, and could be very minor as he says and not anything to freak out about, nothing egregious, nothing to worry about. The point is the attitude he displayed about it.

                I am relying on HIS knowledge. As careful and on top of things as I can be about my own case, I expect HIM to be the expert!

                Thanks, lrprn, I will try to just hang tight , hope things straighten out and try to not strangle the attorney...

                Comment


                  #9
                  Have you checked about your case on PACER, Hopeless??!!

                  You might be surprised to find your attny did a "Quick File" one day and submitted your Schedules a later day. That could be how numbers and such got all jostled around.

                  The attny would submit the papers you actually signed initially. Your Petition. The Schedules don't have to be individually signed, so he could have changed anything in them and submitted those later.
                  Filed Ch 7 - 09/06
                  Discharged - 12/2006
                  Officially Declared No Asset - 03/2007
                  Closed - 04/2007

                  I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                  Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                  Comment


                    #10
                    Actually, no, SF - been trying to stay clear of PACER for fear I will become compulsive about it ;) Perhaps, though, given what's been going on, I should rethink that.

                    Learn something new every day here, though! Hadn't known any of what you just told me about, didn't realize that could be done. If what you said is the case with what my attorney did, it certainly makes sense.

                    Thanks again!

                    Comment


                      #11
                      I will be tempted to check pacer everyday myself. I dont thing there will be anything posted from the trustee for a few days??
                      Filed 2/28/07
                      341 4/4/07- DONE
                      6/7/07- Discharged & CLOSED

                      Comment


                        #12
                        I posted instructions in the PACER thread:

                        http://www.bankruptcyforum.com/showthread.php?t=1011

                        For how to track your case for free or cost you very little money.

                        After you initially look over your docs, and/or print them out, make note of the last date of Activity in your case. After that, when you access the main page of your case, if that date hasn't changed, nothing new has posted. No need to spend money looking at the History or any documents.
                        Filed Ch 7 - 09/06
                        Discharged - 12/2006
                        Officially Declared No Asset - 03/2007
                        Closed - 04/2007

                        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                        Comment


                          #13
                          Originally posted by newgirl View Post
                          I survived!! I was so nervous Im soooo glad that is over.
                          Congratulations!!! I am always glad to hear of another person finishing their 341 meeting with no real dilemmas! We've got a little over a month to go before ours, so I hope to see many more positive 341's!!!
                          3/27/07: Chapter 7 Filed - Pre-filing true FICO (hers/his) 450/477
                          5/10/07: 341 Meeting DONE! Trustee's Report of No Distribution Filed
                          7/04/07: FICOs going up! Credit report cleanup (hers/his) 540/536
                          7/10/07: DISCHARGED! 8/27/07: CLOSED!

                          Comment


                            #14
                            Originally posted by Hopeless View Post
                            Well, I did survive, but thanks to mistakes in the paperwork by the attorney my case has been continued for another month.

                            The Trustee was pleasant with me but more and more aggravated as I sat there because of the attorney's errors. SEVERAL errors. (Trustee to Attorney, summed up: 'wait, wait. This is wrong. You put this here, that's wrong. Wait. This is missing, what happened here, this is also incorrect, this needs to be amended, you need to get these to me right away...This needs to be continued to May, obviously. I need this and that and the other, you need to amend this and that, and it buys me more time on the clock to object.' All attorney said was pretty much, 'oh, sorry, thought I did, wait, it IS, isn't it...? Oh, sorry...)

                            So, that part is over, and I am relieved for that and glad it was fairly quick and the Trustee was decent. But certainly dismayed at finding out there were more than a few errors in my paperwork.

                            I have to get more clarification when I can actually reach my attorney because there was so much legalese it was impossible for me to understand completely what one or two of the errors were actually about. I'll be waiting to hear it in plain English!
                            Our attorney also made a number of errors on our petitions. I was rather irritated with him at the time. But the trustee didn't make a huge deal about the mistakes. She just wanted an explination in the 341 and for the petition to be amended to correct the errors.
                            We fortunately knew about the issues before the 341. The US trustee emailed us with the questions. We emailed him back the answers, then the local trustee asked us about them again in the 341. The issues were -
                            1. Debtors indicate “No dependents” on their Schedule I but state that they household size is “4” on their B22. Please have Debtors provide an explanation for this discrepancy.
                            2. Are Debtors able to claim any children as dependents on their income tax return?
                            3. Debtors indicate that their homeowners insurance is included in their mortgage payment yet they also show a monthly expense of $80.00 for the same on their Schedule J. Please have Debtors provide an explanation for this discrepancy.
                            4. Please have Debtors provide an explanation for the $68.00 monthly expense on their Schedule J when they do not list any life insurance policies on their Schedule B.
                            5. Please have Debtors provide an explanation for the $330.00 monthly expense for “Net day care” shown on their Schedule J.

                            The only other mistake our lawyer made was he didn't file our second debtor education class. When we weren't discharged very quickly after our last day for objections I emailed and asked him why, he discovered the error, filed it, and we were discharged the next day.

                            So basically I'm giving way to many detailes and a really long response to say it will all work out in the end and be okay. However do keep an eye on things so that you can catch problems in the future. For example you may need to be double checking that your lawyer files reafirmations, ect. in a timely manner.
                            Filed: 10/26/2006
                            Discharged: 03/05/2007
                            Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

                            Comment

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