341 meeting didn't go as planned:(

[JRScott]

Sorry you had a continuance, I hope it all smooths out in the end

[Keebler]

So i went today for my 341 I got there and was a nervous wreck. Everything was going on time and my att. had 3 other cases all of which went before me. So I was starting to get comfortable when I got called in after seeing how fast all the others had come out. I get in the room and the lady says that they (whoever they are) wants to throw my case out since my income is higher than my expenses each month ($450.00 extra) I passed the means test but I guess we missed that part. So my att. wasn't there he had sent his assistance so she asked for some time to file an ammendent. She said that some of my expenses are low so we have to go back and change some of them. I go back for another 341 on the 20th! I am so sick right now. I can beileve my att. missed this! I am so worried that I will be checked and checked again (or aduited) after we revise it.
Anyone had this happen? How screwed am I?

There's still hope!

The lady before us at our 341 meeting had exactly the same problem along with so many other issues I was getting embarassed for her as I listened to it all. Among other things, the US Trustee participated by telephone and had some really tough questions and asked for a bunch of additional documents. She had visited two previous attorneys and they turned her away and she filed with a local creep for which I had little respect and I ended up having less. Obviously her case was questionable from the beginning!

This low budget attorney filed her case showing that she had disposable income and also the presumption of abuse! (Why would ANY attorney file a case like that?) The DAY BEFORE the 341 he amended her petition to show that she magically had no more disposable income. Needless to say, her 341 was continued 30 days later.

In the end none of it mattered and she actually got her discharge a few days before I got mine. I was completely amazed!

Use the forum to help keep an eye on your attorney from the sidelines and there's a good chance you'll be okay.

[liz417]

So sorry, this sucks! You were ready emotionally for your 341 and now it's been extended! I'd be on the phone to my attorney ASAP!

Good Luck!

[justbroke]

Anyone had this happen? How screwed am I?

I'm sorry for you.

This is not lawyer bashing. This lawyer was irresponsible. First, to even have a petition in front of the Trustee at a 341 where you don't show up, send your assistant, and Schedule J and/or Form B22A show a $425/month surplus?

Wow.

[jessegirl]

I know how you feel right now. My last day for objections was today and the UST file for an extension TODAY!!!

I am so sorry for you. I know how you feel. It sucks. Your attorney will correct the numbers and then i bet your 341 will go smoothly after that. I will keep my fingers crossed for you......

[Confused78]

So i went today for my 341 I got there and was a nervous wreck. Everything was going on time and my att. had 3 other cases all of which went before me. So I was starting to get comfortable when I got called in after seeing how fast all the others had come out. I get in the room and the lady says that they (whoever they are) wants to throw my case out since my income is higher than my expenses each month ($450.00 extra) I passed the means test but I guess we missed that part. So my att. wasn't there he had sent his assistance so she asked for some time to file an ammendent. She said that some of my expenses are low so we have to go back and change some of them. I go back for another 341 on the 20th! I am so sick right now. I can beileve my att. missed this! I am so worried that I will be checked and checked again (or aduited) after we revise it.
Anyone had this happen? How screwed am I?