Hot off the press.....
I went to my 341 today. I barely got there on time because, I don't know if it was nerves or what, but I kept getting lost. But anyway, I walked up to the floor and there were a number of people standing in a hallway with doors to various rooms open or closed. The room I had to go to was closed so I opened the door and went in.
It was set up like a meeting room with about 30 chairs in rows facing the front of the room with this huge desk with a legal-loooking plaque on the wall. The trustee was at the desk facing us and filling out paperwork.
First he kind of called roll to see who was there. Some people were there with their lawyers, some were alone (like me), some were waiting for their lawyer who didn't show, and some lawyers were waiting for their client who didn't show or who had an excuse.
Then, he made us all stand and swore us in. Then, he asked various questions and we all had to answer yes or no. If the answer we gave was not what he was looking for, we had to explain.
For instance, one of the questions was: Has anything you stated on your schedules on the day you filed different today (I'm paraphrasing). The answer he was looking for was "no", so if you said "yes" you had to raise your hand and explain.
Then, everyone sat down, and he called us one by one. Some cases were quick, and some took a little longer. There was a Pro Se debtor there whose case got continued because her paperwork was incomplete.
My case was the most complicated, the trustee had to speak to me the longest, and I was the only one who had a creditor show up.
For one thing, he didn't have my schedules. He asked me if I had completed them. I told him they were on Pacer. He said, "They weren't when we checked". Good thing I had another copy with me!
Second of all, my case was complicated because I am being evicted, I just purchase a financed vehicle three months ago, almost everything I own is being held hostage by a moving company in another state, and I receive my mother's pension monthly because she died so early into her retirement.
When he saw my paperwork, he asked me who helped me. I told him I did them myself. He said, "You know, this is a very professional job. You are highly underpaid (for my skill level)." Thanks Form7!
But anyway, he basically told me he might have to take my pension as an asset. I will be receiving the payments until March 2008. I said, " I thought pensions and death benefits were exempt." He said, "It was exempt for HER. I don't know if it will be exempt for YOU."
He said he had to research it and he needed to contact the retirement system to double-check. He told me not to call him, but to make absolutely sure that I keep my address updated with him so that he can call me.
Also, the creditor was for my car. She was an attorney and was actually quite nice/impartial. I told her that I wasn't sure yet what I wanted to do about the car. She told me to keep in touch with her. I have a court date on September 13 about the car, but she said that if I reaffirm or if I surrender, either way, we won't have to bother with that court date. She said she would have to draw up a reaffirmation agreement, the finance company would have to agree, and we would have to be scheduled for a reaffirmation hearing. If I surrender the car, I would have to let the finance company know so that they can either come get it or I can bring it to them.
Having said all of that, I must say this: "From God's ears to yours, if that trustee thinks that he is getting my mother's money that she worked SO hard for, I will withdraw that petition so fast it will make his head spin!"
I will withdraw this petition, or I will convert to a Chapter 13. I'm going to weigh my options, but I will NOT let them take my mom's money, and that's that. I would rather work three jobs for five years to pay off my debts.
That's all, folks!
I went to my 341 today. I barely got there on time because, I don't know if it was nerves or what, but I kept getting lost. But anyway, I walked up to the floor and there were a number of people standing in a hallway with doors to various rooms open or closed. The room I had to go to was closed so I opened the door and went in.
It was set up like a meeting room with about 30 chairs in rows facing the front of the room with this huge desk with a legal-loooking plaque on the wall. The trustee was at the desk facing us and filling out paperwork.
First he kind of called roll to see who was there. Some people were there with their lawyers, some were alone (like me), some were waiting for their lawyer who didn't show, and some lawyers were waiting for their client who didn't show or who had an excuse.
Then, he made us all stand and swore us in. Then, he asked various questions and we all had to answer yes or no. If the answer we gave was not what he was looking for, we had to explain.
For instance, one of the questions was: Has anything you stated on your schedules on the day you filed different today (I'm paraphrasing). The answer he was looking for was "no", so if you said "yes" you had to raise your hand and explain.
Then, everyone sat down, and he called us one by one. Some cases were quick, and some took a little longer. There was a Pro Se debtor there whose case got continued because her paperwork was incomplete.
My case was the most complicated, the trustee had to speak to me the longest, and I was the only one who had a creditor show up.
For one thing, he didn't have my schedules. He asked me if I had completed them. I told him they were on Pacer. He said, "They weren't when we checked". Good thing I had another copy with me!
Second of all, my case was complicated because I am being evicted, I just purchase a financed vehicle three months ago, almost everything I own is being held hostage by a moving company in another state, and I receive my mother's pension monthly because she died so early into her retirement.
When he saw my paperwork, he asked me who helped me. I told him I did them myself. He said, "You know, this is a very professional job. You are highly underpaid (for my skill level)." Thanks Form7!
But anyway, he basically told me he might have to take my pension as an asset. I will be receiving the payments until March 2008. I said, " I thought pensions and death benefits were exempt." He said, "It was exempt for HER. I don't know if it will be exempt for YOU."
He said he had to research it and he needed to contact the retirement system to double-check. He told me not to call him, but to make absolutely sure that I keep my address updated with him so that he can call me.
Also, the creditor was for my car. She was an attorney and was actually quite nice/impartial. I told her that I wasn't sure yet what I wanted to do about the car. She told me to keep in touch with her. I have a court date on September 13 about the car, but she said that if I reaffirm or if I surrender, either way, we won't have to bother with that court date. She said she would have to draw up a reaffirmation agreement, the finance company would have to agree, and we would have to be scheduled for a reaffirmation hearing. If I surrender the car, I would have to let the finance company know so that they can either come get it or I can bring it to them.
Having said all of that, I must say this: "From God's ears to yours, if that trustee thinks that he is getting my mother's money that she worked SO hard for, I will withdraw that petition so fast it will make his head spin!"
I will withdraw this petition, or I will convert to a Chapter 13. I'm going to weigh my options, but I will NOT let them take my mom's money, and that's that. I would rather work three jobs for five years to pay off my debts.
That's all, folks!
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