341 Monday

[Confused14]

[Cali]

The 341 isn't that bad. I don't know why everyone gets so nervous about it. My case could have been complicated but it wasn't and the meeting only took 5 minutes for me.

My attorney suggested the exact same thing as yours. I didn't show up in designer stuff and I left all jewelry at home.

[BROKENN]

I am sure you will be OK My atty didn't say anything about appearance, but I am taking everyones advice and wearing jeans.

I don't wear jewelry except my wedding ring (.35) cause I always do

Should I take that off? I will have a ring line! And I did include it in my exemptions.....

C14, I understand the paranoia also, though my analytical mind keeps reminding me I am being a spaz!!

[soleprop]

i think people get nervous because when the 341 goes bad it usually goes pretty bad. i saw a few people at mine who had not been honest in their preparations walk out looking like they had a load in their pants.

if you are honest in your filing and are prepared to answer for any vehicles you've offloaded in the somewhat recent past (our trustee dug through the dmv for vehicle registrations, it was quite apparent), and you haven't done any of the bk nonos (preferential payments, balance transfers, cc usage, etc. within 90 days of filing) you should skate through the 341.

i know my biggest fear was that even though i hadn't done any of those things, the trustee would assume i had, and that the burden of proof was on me. but - the trustee didn't. my credit is stale (2 years ago was most recent usage) but i did have a vehicle totaled last year i was worried she would some how think i still had and was hiding.

but she didn't - though i was prepared to show her the accident report ;).

so yeah, nutshell: go in there confident in how you got into your mess and that this is how you're going to get out of it. know all of your stuff and don't try anything 'smart' because i get the feeling the trustees are good at sniffing that out.

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example of one of the people leaving my 341 with a load in their pants and *not* looking relieved: a couple who had apparently given their son an old ford ranger pickup a few years ago that they still pay the registration for, and didn't want to list it in their bk this year. nice parents, bad move.

trustee asked during their meeting if they had ever owned it? yes, replied the couple. trustee asked what happened to it? we sold it 5-6 years ago, replied the couple. trustee asked how much they sold the vehicle for? fair market value, replied the couple. the trustee then looked at some of her paperwork and asked why the truck was still registered until 2/09 in their name? the couple had nothing to say for a good long while (i think that's when he was sh!tting his pants).

he came up with this gem: 'well it was totaled when we sold it, not driveable. the new owner must not have ever registered it.' trustee gave this little smile that said 'i smell a rat' and then asked why if the vehicle was totaled and sold for fair market value 5-6 years ago, the couple was keeping the registration for the vehicle current -- she had proof they'd paid for registration february of this year. the guy literally shrugged his shoulders and was quiet. the trustee's next question was: 'where does your son live?'

gig was up. the lawyer and couple mumbled stuff real low and i couldn't hear what was said, but the trustee ended their meeting by demanding all paperwork regarding the accident that totaled the truck and the sale of that truck, within 2 days.


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don't be like that couple, and you'll be fine

[happy_ira]

Confused14-- Good luck on Monday. Please post here how things go. I agree you should NOT bring copies of all those docs you have and your attorney sounds on the ball. If you get asked to submit additional paperwork, you can go over it carefully at home instead of getting nervous on-the-spot at your 341. I don't believe the court is "out to get you".

My 341 is a week from yours, and of course I am nervous. Even though people say "don't be nervous", it is impossible not to be. Everyone probably has something quirky or unusual about their case that could come up, but I also believe, if that is the situation, then you should have a plausible and honest answer. (If not, why bother filing in the first place?!)

I'm sure you'll sleep better Monday night.

[Cali]

soleprop - The attorney should have made sure the couple was briefed well before the 341.

[soleprop]

yeah i didn't see much at my 341 that would have made me confident in attorneys. one had his fly down (seriously) and was trying to smoothtalk the trustee but you could tell she didn't know who he was at all and he'd never had a case before her; one had 5-6 clients in the room and kept getting their names mixed up, and one showed up incredibly late (the trustee had already saved the couple for last but told them they'd have to reschedule the 341 - and she was not happy with the attorney either when he did show up).

i know there are good attorneys out there, i just don't know where. i hope you all have them

but i wouldn't be surprised if this couple hadn't even told their attorney about the truck. it was something they'd completely put off their radar, at least that's the impression i got. you could tell by their confused faces when the trustee asked if they'd ever owned a ford ranger - their faces said "uhh where is she getting this stuff from, that was ages ago!" and they hadn't put two and two together that even though *they* didn't have the truck, they were still on the hook for owning it unless they could prove otherwise; and keeping the registration current didn't help their case.

[BROKENN]

Wow...... what a story! Thank you.

I had a biz truck die in early 07. the mechanic charged $200 for eval, blown heads. We gave it to him instead because we didn't have $200 or towing money.

I found out this year I had a judgement because of DMV reg. Paid it.... now will be in trouble if the mechanic didn't transfer?

[Cali]

soleprop - I totally didn't consider them not telling the attorney. I don't get that either, if you are trying to better your situation why would you try to hide things. In the end all that is trying to be hidden will come out and make it worse than the start.

brokenn - why did you get a judgment for DMW reg?

[soleprop]

i'd be ready with any related paperwork and be straightforward and honest regarding all of it if asked by the trustee - which i don't doubt you would be. your instance seems reasonable and clear. did you sign the title of the vehicle over to the mechanic? if so you should be in the clear.

[BROKENN]

i'd be ready with any related paperwork and be straightforward and honest regarding all of it if asked by the trustee - which i don't doubt you would be. your instance seems reasonable and clear. did you sign the title of the vehicle over to the mechanic? if so you should be in the clear.

Yep, typing up my statement now and sending DH over. I planned on being honest but I think paperwork is in order too.....

We signed the title over but he hadn't registered it because we got the DMV reg judgement!

OH geeeezzzzz!!! So glad you mentioned it REALLY! But OMG!!!

[soleprop]

hehe well i'm glad watching those other peoples' experience is helping you - you'll be ok! i think as long as the trustee gets that your intents are honest, there are no issues. keep us posted though!

[BROKENN]

brokenn - why did you get a judgment for DMW reg?

Hi, Because I thought the mechanic had transferred the vehicle when we gave it to him.....

in CA even though you send in your transfer it won't **really** be effective until they register. It says it on the form and I ran into it years ago when someone bought a vehicle from me and then got parking tickets. They came after me! I had to call the purchaser 10 times, threatened reporting the car stolen, to get them to do it

So here I go again..... I think the mechanic will sign my statement. I hope that is enough.

[Cali]

I learn something new today.

I had to do a transfer of liability for the DMV reg on the vehicle I surrendered, even though I don't have it anymore. Gotta love CA LOL

Hi, Because I thought the mechanic had transferred the vehicle when we gave it to him.....

in CA even though you send in your transfer it won't **really** be effective until they register. It says it on the form and I ran into it years ago when someone bought a vehicle from me and then got parking tickets. They came after me! I had to call the purchaser 10 times, threatened reporting the car stolen, to get them to do it

So here I go again..... I think the mechanic will sign my statement. I hope that is enough.

[BROKENN]

hehe well i'm glad watching those other peoples' experience is helping you - you'll be ok! i think as long as the trustee gets that your intents are honest, there are no issues. keep us posted though!

Yes, this forum and you guys are helping me tremendously!

Just talked to DH and the **men** didn't do any paperwork, all verbal like "what's wrong with the truck" "dude, your heads are blown and you owe me $500 for diagnosis/housing" and then "wow, I can't pay that and towing" and they made a deal.

I insisted on the title transfer and didn't quite ask enough questions to find out about other paperwork. This was year and a half ago.......

**sorry guys**