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    Nervous about 341

    My husband and I are getting ready to file Chap 7 and I am, for some reason, really nervous about our 341 meeting. I've never in my life dealt with a lawyer before, let alone been under oath in a courtroom. I know I'm not "on trial" but I'm still anxious about how the whole thing will go...Any advice?

    #2
    Valium
    NOTE: I am not a lawyer...any advice I give is for entertainment purposes only. Legal questions should be directed to competent counsel. I am just a troll. Or a Toad.

    Comment


      #3
      My 341 was in a confress room, in a office building, but i did have to raise my hand and say i will tell the truth, meeting took about 5- 10 minutes, my attorney just sat beside me, when it was over she said well now there is a 60 day period where the creditors can file, so the wait is on.

      Comment


        #4
        Originally posted by erankin44 View Post
        My husband and I are getting ready to file Chap 7 and I am, for some reason, really nervous about our 341 meeting. I've never in my life dealt with a lawyer before, let alone been under oath in a courtroom. I know I'm not "on trial" but I'm still anxious about how the whole thing will go...Any advice?
        Our's - and most that I have heard of - are much less formal than a traffic court hearing or anything like that. At our's people were going in and out of the room at will, letting the door slam behind them, people were whispering to each other in the "audience" etc... Guess it depends on where your's is and how many cases they do a day.

        It could also be formal and have just a few people in the room I suppose.

        But the bottom line is, there is nothing to it. 9 chances out of 10 they are just going to swear you in, ask you the same questions they ask everyone else: your name, do you own any property, etc (see the FAQ on this), and you answer and you're done.

        It's not like an antagonistic thing at all, no one will interrogate you. (The only exception to this is if the US Trustee gets involved because you have a lot of property or owe over $100k or something more complex of this nature.) But even that is not really antagonistic, it's just a further questioning about your finances.

        So no one is out to beat you with a rubber hose under bright lights or anything, it's just a guy or woman judge asking you standard questions. 5 minutes and you're done. Mostly it's just bureaucracy. And creditors almost never show up. In our meeting of probably 50 cases, there was not one creditor for any of the cases.

        Just try to forget about it as much as possible, have faith that it is going to be fine...

        To calm themselves down, some people take Valerian in a standardized extract - you can get it at most pharmacies in the vitamin/ herb section. It's very safe and not habit forming and will help you sleep and calm your nerves. [But I am not a doctor (nor a lawyer); nor do I play one on tv.]


        Watch comedy movies and try not to think about it!

        "Don't worry. Be happy."
        Last edited by PaKettle; 02-07-2008, 07:48 PM.
        <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
        FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

        Comment


          #5
          Originally posted by no_it_all View Post
          Valium
          You wrote:
          "Valium.
          __________________
          NOTE: I am not a lawyer...any advice I give is for entertainment purposes only. Legal questions should be directed to competent counsel. I am just a troll. Or a Toad. "
          __________________________________________

          You may want to add that you are also not a doctor and are not prescribing medicine! ;-)
          <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
          FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

          Comment


            #6
            For some reason the 341 is the biggest fear of most of us. I think for me it was sitting in front of someone instead of just submitting paperwork where no one sees your face.

            I think the worst experience of the most of us on this board have had is a trustee that needs more information or has a bad personality.

            For me the relief of having the 341 over was much greater than seeing my discharge/closing.

            Comment


              #7
              Originally posted by ameliabedilia View Post
              For some reason the 341 is the biggest fear of most of us. I think for me it was sitting in front of someone instead of just submitting paperwork where no one sees your face.

              I think the worst experience of the most of us on this board have had is a trustee that needs more information or has a bad personality.

              For me the relief of having the 341 over was much greater than seeing my discharge/closing.
              What a great post, amedliabedilia, and how true.

              I was terrified, literally. But it was so easy. I walked out of there with a huge smile on my face and ready to pop a bottle of champagne. I had such a feeling of exhilaration....and huge relief.

              Whenever anyone posts on here about fear of their upcoming 341, I always try to respond by saying it's just a piece of cake. In the vast majority of cases, it really is. And you will feel wonderful when it's over.
              Filed Ch. 7 June 14, 2007
              341 Meeting July 19, 2007
              Discharged September 17, 2007
              Closed September 17, 2007

              Comment


                #8
                Well, my 341 is set for 2/29/08 and is at a Red Cross building - so if I need oxygen or heart re-started I am in good hands :-)
                Filed: 01/23/08
                341 Meeting: 02/29/08
                Discharged: 04/30/08
                Closed: 05/12/08

                Comment


                  #9
                  Originally posted by gophermn View Post
                  Well, my 341 is set for 2/29/08 and is at a Red Cross building - so if I need oxygen or heart re-started I am in good hands :-)
                  LOL, I am sure it will go well for you.

                  Comment


                    #10
                    Originally posted by gophermn View Post
                    Well, my 341 is set for 2/29/08 and is at a Red Cross building - so if I need oxygen or heart re-started I am in good hands :-)
                    OK, that's cute!
                    CHAPTER 7 FILED: 1/18/2008: 341: 2/19/2008
                    DECLARED NO ASSESTS: 2/20/2008
                    OBJECTION TO DISCHARGE DUE: 4/21/2008
                    DISCHARDGED & TERMINATED:4/22/2008

                    Comment


                      #11
                      LOL....I'm still a ways away from filing, but do you think it would be a good idea to shed a tear or two or three at the 341 hearing??? LOL....that way I can start practicing now on how to make myself cry!!!....really tho, has anyone ever tried this, out of nervousness or anything?

                      Comment


                        #12
                        Believe me there is nothing to cry about. It's NOT a confrontational situation!
                        It's only a fact gathering meeting and mostly all they want to know is if you are who you say you are, if you will swear the info on your petition is true, and that's about it.
                        I watched about 30 cases, and out of those cases only a couple were at all confrontational and those were people with a lot of assets who had shakey stories about how the assets weren't really their's, and a couple of Latinos who had used social security numbers and addresses that they swore they never used...

                        So if you're just a normal case, there is nothing at all to worry about, let alone cry...

                        Don't worry. Be happy.
                        <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
                        FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

                        Comment


                          #13
                          it will be just fine, trust me...

                          Like my attorney said to me.... "are you hiding any money hiding, are you broke...?"

                          I said no, and yes I'm broke as a joke.... so he said then what are you worried about..?


                          And he was right!!!!
                          NotFun
                          Filed: 10/31/2007
                          341: 12/05/2007
                          Last day for objections: 02/05/2008

                          Comment


                            #14
                            So riddle me this batman - when do you find out when the Trustee wants your Tax Return, Rebate check, 1st born, blah blah.. Is it at the 341 meeting, before or after?

                            Erankin44 - didn't mean to steal the thread - just thought this would be good info..
                            Filed: 01/23/08
                            341 Meeting: 02/29/08
                            Discharged: 04/30/08
                            Closed: 05/12/08

                            Comment


                              #15
                              Originally posted by gophermn View Post
                              So riddle me this batman - when do you find out when the Trustee wants your Tax Return, Rebate check, 1st born, blah blah.. Is it at the 341 meeting, before or after?
                              No it's after... I don't care if they take all the above you mentioned, my BK amount was for $750k....

                              So what's $10k in tax return and rebate money...hahaha
                              NotFun
                              Filed: 10/31/2007
                              341: 12/05/2007
                              Last day for objections: 02/05/2008

                              Comment

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