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Do Collection Agencies ever show up to 341???

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    Do Collection Agencies ever show up to 341???

    hi everyone,
    i know often times creditors show up to 341 meetings but i didn't know if this was the same for collection agencies. about 99% of my debt has been charged off/sold to debt buyers and am wondering what the chances are that they come to the meeting? i am a not asset case so i assume not but just wanted your advice if anyone knows. oh...and if i did not work at all this year (which i didn't) do i still need to file my 2008 taxes since i plan on filing in early 2009? thanks so much to everyone!

    #2
    Any attorney who represents the client of whom you file BK has every legal right to appear at the 341. It's quite uncommon though. This usually happens when the filer has racked up a lot CC debt within the few months before filing and the creditor would object, or the creditor would like to work out some agreement with the debtor/filer.

    Having a creditor appear at the 341 may be even more rare since the law change because most attornies would tell anyone wanting to file to wait out all of the waiting periods before filing, therefore the creditors may not be able to object at all.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

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      #3
      Bass,
      Thanks for your response. I havent used my cards in forever and they were all closed by them anyways. I am WELL past the 90 day cc use but I still wasn't sure. Do you happen to know about whether or not I have to file for 2008? I filed in 2007 (i only made $247.00 the whole year lol), but did not work a single day this year. I just don't want anything to delay my discharge. Thanks so much again!

      Comment


        #4
        I believe we're all required to file a tax return, even though there is no income earned. The Trustee will see your lack of income and probably know that you won't be receiving a refund, so I don't see this being a problem or causing any delays.
        Bankruptcy History:
        Chapter 7 filed - 10/12/2005 - Asset
        Discharged - 02/16/2006
        Case Closed - 11/08/2007

        A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

        All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

        Comment


          #5
          Creditors, collectors hardly ever show up at the 341 hearings because they have 60 days to moan and possibly object to the dischrgeability of their debts.

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            #6
            None showed up at mine. There was one guy there from a local credit union, and he was there with a few questions about two cases.

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              #7
              Originally posted by BassBoy View Post
              I believe we're all required to file a tax return, even though there is no income earned. The Trustee will see your lack of income and probably know that you won't be receiving a refund, so I don't see this being a problem or causing any delays.
              If there is no income there is no need to file. What's there to report anyway? And if you are under the exemption amount, you are not required to file although most people do so they can get any federal income taxes they paid back as well as certain credits.

              It may be required by the Trustee that he file a return for the year in question, but not by the IRS.

              -TS

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