341 meeting

[pa308]

At the 341 meeting is that when the local trustee asks you about your I and J schedules (i.e. questions amounts) or is that the US Trustee that reviews and questions/objects to any of the expenses?

[JRScott]

It is usually the local trustee, however if the UST has an interest in the case, he'll be there or his representative will be.

[sunshine mary]

They both asked me questions. The local trustee did most of the talking and the UST asked me a few and said I had already answered some of what he wanted to ask. I was up there for 30-40 minutes but most of the questions focused around some property I own with 3 other people.

[pa308]

They both asked me questions. The local trustee did most of the talking and the UST asked me a few and said I had already answered some of what he wanted to ask. I was up there for 30-40 minutes but most of the questions focused around some property I own with 3 other people.

Wow you were questioned for a half an hour?? I was hoping 3 to 5 minutes according to some posts on here.

[laurannm]

Wow you were questioned for a half an hour?? I was hoping 3 to 5 minutes according to some posts on here.

It depends on how complicated your case is. As Sunshine stated she owns property with 3 other people so that adds a an additional wrinkle to the case. Majority of the time the 341's don't last very long

[sunshine mary]

It depends on how complicated your case is. As Sunshine stated she owns property with 3 other people so that adds a an additional wrinkle to the case. Majority of the time the 341's don't last very long

Yes mine was extensive and complicated but thank god it was concluded that day !! The people that went before me did only take 5-10 minutes.

[pa308]

Am I expected to justify all the schedule I and J expenses on the spot at the 341 meeting? Reason I ask is atty tweeked the numbers on some and I dont know how to explain them. They're under IRS standards and I'm under median but I dont know if I'm just stressing that I will be expected to justify them all at the 341. I realize that could have to produce receipts, but would tht be at 341?

Any one who has had some 341 experience, please tell me how much time was spent going over expneses having to justify them.

I'm glad that I have everyone here's expereinces to help me through this, dont know what i would do without all of you

[Help!]

I was asked very specific questions by both the case trustee and the attorney for the UST. They wanted exact numbers, and being pretty frazzled I wasn't about to try to give them numbers off the top of my head. I said, "I would have to look it up to give you the exact amount". They continued to press with "Can you give me am estimate" to which I replied "No, I would be guessing without having the statements in front of me". This probably contributed to having our 341 continued, but I'm glad I didn't allow myself to be pressured into a wrong answer.

[Help!]

30 minutes total: 5 answering case trustee questions, 25 answering income/expense questions from UST. Definitely not the norm (probably the worst case scenario).

[JRScott]

pa sometimes lawyers adjust the numbers to appear more in line with other bk in the area. It is routine. My lawyer adjusted some of mine up and down, and there were no questions by the trustee.

[Lajazz947]

So I guess the best thing to do is to go to the 341 completely prepared to answer and defend every single overage on your schedules.

is it advisable to bring copies of bills, reciepts, tax returns, schedules and neighborhood averages of expenses as well as other other evidence of your case?

I would think that preparing a very detailed book with tabs that you can refernce would go a long way towards fending off lots of questions.

Maybe I am making too much of it but I tend to be extremely organized.

[Help!]

I think it would be impossible to be prepared to defend every calculation, and it would be a waste of time for most. The UST doesn't seem to appear out of thin air at 341 hearings (they are somewhat predictable), and the case trustees don't go into that kind of detail.

For anyone with a six figure income discharging six figure debt, I'd go through I & J as well as the means test and be prepared to explain the necessity of any expense in excess of the IRS Standards. If there is any indication the UST sees an opportunity to dismiss/convert (e.g., they request LOTS of additional documents before the 341 hearing, there is a MEANSYES or 707(b) flag in PACER, etc.), then I'd take the time to prepare for the hearing and know my petition inside out.

Being organized is a very good thing, and being able to get accurate info. to the UST ASAP if they request it greatly helps.

[JRScott]

It couldn't hurt Lajazz. If your expenses are above the norm I would be prepared to defend them. It might speed things up if you have it with you. However I would not volunteer extra information to the Trustee. Just when he asks if you've got a handfull of papers to hand him he's gonna be surprised.

[Phillymanhere]

Interesting thread ... Just from reading on this site, I had come to conclusion that spending on Schedule J that was the below the IRS guidelines would NOT be questioned. It's the spending amounts above those guidelines that will be questioned.

I've got about $400 a month in health expenses, and I'm a household of one. I KNOW that will be questioned. (The IRS guidelines are like $58 a month or so.) So I plan to have receipts and various notes from my medical providers.

[Cali]

ITA!!

For anyone with a six figure income discharging six figure debt, I'd go through I & J as well as the means test and be prepared to explain the necessity of any expense in excess of the IRS Standards. If there is any indication the UST sees an opportunity to dismiss/convert (e.g., they request LOTS of additional documents before the 341 hearing, there is a MEANSYES or 707(b) flag in PACER, etc.), then I'd take the time to prepare for the hearing and know my petition inside out.

Being organized is a very good thing, and being able to get accurate info. to the UST ASAP if they request it greatly helps.