WARNING...another one of my loooooong posts!!******
Well Its over.... the person representing my attorney showed up 20 minutes late and was a total waste. She had not reviewed our petition,we handed her copies of my husbands part time pay stubs and then made some snide comment about my husbands part time job and any more surprises. We had expected to be able to speak to this person for a few minutes prior to the start of the 341 but she sat in front of us and never even acknowledged that she was there for us until I said quietly to my husband... " Its okay we'll do fine without an attorney"...
She turns around and says " Are you waiting for an attorney?"
I shook my head yes and held up the folder that was supposed to identify us prior to the 341 meeting.
Mind you this was a very small room (total of 8 people)and the Trustee was speaking to others so even a small whisper was inappropriate for the setting.
We get up there and the trustee asked us a few very basic questions that he asked everyone. There were 8 mandatory questions...and then even made a joke about my not working outside the home and he could see why! He laughed and I laughed and it was at that very moment I realized that he was just a normal person.
We were asked the question if there were any errors or omissions with our assets on our petition and we both answered No. I assumed he was talking about property,vehicles or luxury items. The dimwit that was our attorney stand in (I dont think she was even an attorney!!) says " Thats not true"
We all just looked at her like (including the Trustee)what the heck and then she told the trustee that my husband had taken a part time job and it appeared he had worked a few days before we filed. She asked him if our attorney should amend a certain schedule and the trustee....Ready for this...
Said " No its an insignificant amount"
What a relief! I really felt like the doofus attorney wannabe was not really there for us but against us. Her tone was so demeaning.
One question that I thought was interesting that was asked of everyone was " Have you transferred any property with a value of over $1500 in the past year?"
Also asked was of those that did not own real estate was if they "had owned any in the past 6 years?"
Most people were asked for current bank statements showing the balance on the date they filed. We were the only ones not asked.
I honestly think the trustee was a little put off by how our attorney rep spoke. I was dressed neater and definately acted more together than her.
There was a couple minute pause as the Trustee went through our paperwork and then he looked up and said " I have no further questions for you" " Good Luck to you in the future"
We said thank you and you have a wonderful day...
As we were leaving the dimwit says ' is that your coffee cup, you need to pick it up' as there was one on the floor near a chair that we had been sitting in. I had not even noticed it prior.
I said " No "
My husband on the other hand was REALLY put off at this point and responded once we were out in the hall that her lack of being there on time and her lack of identifying herself really didnt put her in any position to mother us on cleaning up garbage.
We get to the elevator and she turns around and says " Did XXXX tell you that you got a really nice Trustee? Some are really mean and could have been alot harder"
At this point I spoke up. Mind you, I am a very quiet kind of person and tend to just ignore people who seem ignorant but this needed a response.
I said " It wouldnt have mattered if he was the meanest person on earth. We had nothing to be afraid of!"
She gave this really fakey smile and walked away.
So as I am now part of the 60 day club I can offer a bit of advice to those pre341. Especially for those who have a fairly basic petition. We had no business debts or anything complicated. We were under the median by about $60,000 a year for our family size as well.
YES it is very unsettling to have to attend this meeting. You WILL be nervous. You will be scared. No doubt about it. As you sit there and listen to others before you, you will get a good sense of what questions will be asked.
You can use those few minutes to prepare yourself for how you will answer although there really are no questions that you wont already know the answer to. Be honest from the begining and you have absolutely NOTHING to fear about what will happen at the 341. But the sense of relief when its over is unbelievable!!!! I feel pride right now. A huge sense of relief. Its a pizza night even at our house!!!
There was a woman who left crying. Not because she had anything bad happen but because as I could see in her face she was so relieved to be through this. She told the Trustee when asked about her former home what had happened and it was so sad. Her spouse of 24 years left her and took all the money. She lost her home to foreclosure and had to move in with her parents at 52 years of age. I wanted to run out and hug her. I wish that everyone who filed bankruptcy would have had the opportunity to have been a member of this site for a couple months prior.
Now for those that know about Pacer... Its already been updated!!! And here is what it says... I am all smiles!!!
Filed: 06/24/2008
Entered: 06/24/2008
Entered By: XXXXXXX
Event Name(s): Chapter 7 Trustee's Report of No Distribution
Full Docket Text for Document 11:
Section 341 Meeting of Creditors held on 6/24/2008. Tape Number: # X Debtor provided trustee with original Declaration of Electronic Filing at 341 meeting. TRUSTEE'S REPORT OF NO DISTRIBUTION: Trustee of this estate reports that the trustee has neither received any property of the estate nor paid any money on account of this estate except exempt property. The trustee has made a diligent inquiry, where appropriate, into the financial affairs of the debtor(s) and the location of property belonging to the estate; and that there is no property available for distribution from the estate over and above what has been exempted or able to be exempted by law. Pursuant to FRBP 5009, the trustee certifies that the estate of the above named debtor has been fully administered. Trustee has complied with 11 U.S.C. 704(10), with respect to cases filed on or after 10/17/2005, by providing notice to holder(s) of domestic support obligations, if any. Trustee requests to be discharged from any further duties as trustee
******** I also want to add that there where NO creditors for anyone there! We had a total of 24 different ones that could have shown up for us and I was sweating it a bit...and still NONE!
Well Its over.... the person representing my attorney showed up 20 minutes late and was a total waste. She had not reviewed our petition,we handed her copies of my husbands part time pay stubs and then made some snide comment about my husbands part time job and any more surprises. We had expected to be able to speak to this person for a few minutes prior to the start of the 341 but she sat in front of us and never even acknowledged that she was there for us until I said quietly to my husband... " Its okay we'll do fine without an attorney"...
She turns around and says " Are you waiting for an attorney?"
I shook my head yes and held up the folder that was supposed to identify us prior to the 341 meeting.
Mind you this was a very small room (total of 8 people)and the Trustee was speaking to others so even a small whisper was inappropriate for the setting.
We get up there and the trustee asked us a few very basic questions that he asked everyone. There were 8 mandatory questions...and then even made a joke about my not working outside the home and he could see why! He laughed and I laughed and it was at that very moment I realized that he was just a normal person.
We were asked the question if there were any errors or omissions with our assets on our petition and we both answered No. I assumed he was talking about property,vehicles or luxury items. The dimwit that was our attorney stand in (I dont think she was even an attorney!!) says " Thats not true"
We all just looked at her like (including the Trustee)what the heck and then she told the trustee that my husband had taken a part time job and it appeared he had worked a few days before we filed. She asked him if our attorney should amend a certain schedule and the trustee....Ready for this...
Said " No its an insignificant amount"
What a relief! I really felt like the doofus attorney wannabe was not really there for us but against us. Her tone was so demeaning.
One question that I thought was interesting that was asked of everyone was " Have you transferred any property with a value of over $1500 in the past year?"
Also asked was of those that did not own real estate was if they "had owned any in the past 6 years?"
Most people were asked for current bank statements showing the balance on the date they filed. We were the only ones not asked.
I honestly think the trustee was a little put off by how our attorney rep spoke. I was dressed neater and definately acted more together than her.
There was a couple minute pause as the Trustee went through our paperwork and then he looked up and said " I have no further questions for you" " Good Luck to you in the future"
We said thank you and you have a wonderful day...
As we were leaving the dimwit says ' is that your coffee cup, you need to pick it up' as there was one on the floor near a chair that we had been sitting in. I had not even noticed it prior.
I said " No "
My husband on the other hand was REALLY put off at this point and responded once we were out in the hall that her lack of being there on time and her lack of identifying herself really didnt put her in any position to mother us on cleaning up garbage.
We get to the elevator and she turns around and says " Did XXXX tell you that you got a really nice Trustee? Some are really mean and could have been alot harder"
At this point I spoke up. Mind you, I am a very quiet kind of person and tend to just ignore people who seem ignorant but this needed a response.
I said " It wouldnt have mattered if he was the meanest person on earth. We had nothing to be afraid of!"
She gave this really fakey smile and walked away.
So as I am now part of the 60 day club I can offer a bit of advice to those pre341. Especially for those who have a fairly basic petition. We had no business debts or anything complicated. We were under the median by about $60,000 a year for our family size as well.
YES it is very unsettling to have to attend this meeting. You WILL be nervous. You will be scared. No doubt about it. As you sit there and listen to others before you, you will get a good sense of what questions will be asked.
You can use those few minutes to prepare yourself for how you will answer although there really are no questions that you wont already know the answer to. Be honest from the begining and you have absolutely NOTHING to fear about what will happen at the 341. But the sense of relief when its over is unbelievable!!!! I feel pride right now. A huge sense of relief. Its a pizza night even at our house!!!
There was a woman who left crying. Not because she had anything bad happen but because as I could see in her face she was so relieved to be through this. She told the Trustee when asked about her former home what had happened and it was so sad. Her spouse of 24 years left her and took all the money. She lost her home to foreclosure and had to move in with her parents at 52 years of age. I wanted to run out and hug her. I wish that everyone who filed bankruptcy would have had the opportunity to have been a member of this site for a couple months prior.
Now for those that know about Pacer... Its already been updated!!! And here is what it says... I am all smiles!!!
Filed: 06/24/2008
Entered: 06/24/2008
Entered By: XXXXXXX
Event Name(s): Chapter 7 Trustee's Report of No Distribution
Full Docket Text for Document 11:
Section 341 Meeting of Creditors held on 6/24/2008. Tape Number: # X Debtor provided trustee with original Declaration of Electronic Filing at 341 meeting. TRUSTEE'S REPORT OF NO DISTRIBUTION: Trustee of this estate reports that the trustee has neither received any property of the estate nor paid any money on account of this estate except exempt property. The trustee has made a diligent inquiry, where appropriate, into the financial affairs of the debtor(s) and the location of property belonging to the estate; and that there is no property available for distribution from the estate over and above what has been exempted or able to be exempted by law. Pursuant to FRBP 5009, the trustee certifies that the estate of the above named debtor has been fully administered. Trustee has complied with 11 U.S.C. 704(10), with respect to cases filed on or after 10/17/2005, by providing notice to holder(s) of domestic support obligations, if any. Trustee requests to be discharged from any further duties as trustee
******** I also want to add that there where NO creditors for anyone there! We had a total of 24 different ones that could have shown up for us and I was sweating it a bit...and still NONE!
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