341 Hearing experience and a couple questions

[bnkrpt]

Hi all,

I had my 341 Hearing today and it went pretty quickly (after I almost tripped into the chair, lol). My lawyer told me that the trustee would ask me about several things, but I was only asked a few detailed questions (about the rental home I am surrendering - it became a rental home after my new husband took a job in a smaller town and we moved).

At the end, the trustee stated that he was "closing" the case as a no-asset case. After leaving the meeting my attorney told me I'll get my discharge in 60 days. Should I trust them? It seemed to go well but, what if the trustee decides to look more closely over all my account statements and such, finds something he doesn't like? My attorney handed him the packet of my paystub, bank statement and taxes and he didn't ask for any more information...

Has anyone had the same experience, a very positive seeming 341 hearing, and then found out that there was some objection? I'm nervous now, but definitely glad that the hearing is over! Hopefully there won't be any more for me.

Thanks for any replies!

[edwards2]

We can all sure understand your anxiety...we have it and have had it too. I asked the very same question because someone else in this forum was told his case was a slam dunk and then he/she got blindsided by the U.S. Trustee who wanted the case converted. I have also read that if you have a no asset case and the trustee doesnt pepper you with questions about your information then you can be slightly optimistic the Chapter 7 will go. I am the poster child for worrying so I will be doing just that until July 1 which is our targeted discharge date. We did have an issue that my attorney thought would be challenged but the trustee didnt seem to have a problem with it. She asked about it and we explained the situation and according to our attorney, it would not be a bone of contention he thought it might be. I have also read that usually the U.S. Trustee rarely overrides the BK trustee's recommendation. Keep the faith - the people on this forum are knowledgeable and compassionate and that helps a lot.

[bnkrpt]

thanks for the reply! I am also a very worrisome person, am now trying to figure out how to best deal with the tenant in the rental home I am surrendering, and the agent I hired to be landlord...have talked with my lawyer about that so won't get to into it here unless someone is interested...

anyway, looked on PACER today and it says "Awaiting Discharge," so I suppose that is a good sign.

interestingly I brought two rental checks totalling $1,000 to the bankruptcy hearing, and the trustee had no interest in them whatsoever. I called the mortgage company today, and unless I am interested in reaffirming the debt/house, I am not required to send them the money because I dn't technically owe it now that i am in bankruptcy (thank god i talked to a nice person, the only nice person i've talked to since not paying my mortgage on time lol). I feel morally wrong keeping rental proceeds from a house I am no longer paying for, so I'm planning to give some of that money to the poor renter so she can use it to move before the foreclosure sale takes place.

The last date for filing complaints in July 19 in my case, and i'm going to be nervous until then, I know. Well, I knew it would be a rough summer, but glad things have gone smoothly so far..I read that the vast majority of cases go through without problems, so hopefully I am one of those...