341 october 6th and boy am I scared

[dumbpig]

My meeting is October 6th and I filed August 29th and I am petrified. My life was on cruise control I would gamble and use credit cards to live on and my wife and I both had good jobs. I went into a complete spiral and ran up all my credit cards in the last year after paying them all off about 15 months ago. I never planned to lose all my money or file bankruptcy. My wife has since left me so It's only my income and I can't get by. I have bills and what not. The reasons I am scared are the following
1. I went to vegas in June not planning on filing and charged the tickets for around 623 dollars and another for 330 dollars. Was still with my wife and I always thought we'd dig ourselves out. I was hoping for a miracle at the casino but still thought i'd pay all my debts back and get my life in order 65 days from filing
2. I used my amex card for 750 dollars in june to pay inlaws back as I owed them.68 days from filing
3. I used my cc for food/gas and within 60 days of filing and some other misc items
4. I had large balance transfer and cash advances in April and also large payments to them. I tried to switch money around plus pay bills
5. In the end the lawyer says don't worry it will be fiine. I am scared what to do if the trustee asks why the charges what were you doing.
6. I had a serious gambling problem and I havn't gambled in 90 days as I don't want to lose any more after losing wife and losing my dignity due to gambling life.

[Pinktiger]

You aren't alone.
I think many of us are in similar situations, whether spending too much on stuff or gambling. The important thing is, you have changed your life somewhat and are seeking a better way.
Nowhere does it state that bankruptcy is not for people who gambled. I think you are OK.
What they are looking for is fraud. You didn't defraud anyone. If you are asked about your situation, just tell the truth.
Question: did you tell your lawyer about your gambling problem? If so, what did he/she say?

[bankruptsaluki]

Mine just said to stop it, especially online

[dumbpig]

1. The lawyer pretty much didn't care how it happened as he is pretty laid back
2. he didn't care about the 6k cash advances and payments to cc's
3. I have made payments of 600 dollars or more to individual cards and he wasnt' worried.
4. I am in Chicago and I think the case load may be so great he knows what to expect. He told me that all I need is the ss card and my liscence and to not worry about.
5. I even asked him what if my wife and I get back togother in a year as she has left me and I hope one day if i get things in order it will change but it's a long shot. He responds with it doesn' tmatter.
6 Its like a game to him but I suppose they see so many of these cases it all blends in.

[rockobuster]

My lawyer also seemed too laid back, but when we went through the process I realized he knew what he was doing. Our Trustee had sent us a form letter prior to our 341 meeting telling us what we needed to bring. When we arrived at the meeting he asked for the folder but proceeded to ask us questions without looking at the folder. As I look back, all he was trying to determine is how much our income was minus our expenses. He was only looking for enough disposable income to see if we should be pushed into a chapter 13. Our lawyer says he was also looking to see if this might be an asset case. The trustee did say he was going to recommend to the courts that our disposable income should be $900 instead of the $200 our lawyer submitted. Even with his recommendation, this did not happen. Our lawyer felt that this may of not happened given that our debt was $123,000.

I agree with your lawyer about the gambling issue. It stated on ours papers that were given to the trustee that our reason for filing was because of gambling, and the trustee did not ask us one question in regards to gambling.

I know how you are feeling because I felt at the 341 meeting that because I had done a $9,000 and $5,000 cash advance within 30 days of filing that he would grill us on that. Our lawyer explained that the trustee is not the one to object about these advances, but the creditors are. Even if a creditor did show up at your meeting (like one of ours did) they still have to submit a written objection with the court. Given the expense to the creditors to do this, I would think they would not do anything about these charges.

The best of luck to you at your meeting!!!

[hhou812hh]

My lawyer also seemed too laid back, but when we went through the process I realized he knew what he was doing. Our Trustee had sent us a form letter prior to our 341 meeting telling us what we needed to bring. When we arrived at the meeting he asked for the folder but proceeded to ask us questions without looking at the folder. As I look back, all he was trying to determine is how much our income was minus our expenses. He was only looking for enough disposable income to see if we should be pushed into a chapter 13. Our lawyer says he was also looking to see if this might be an asset case. The trustee did say he was going to recommend to the courts that our disposable income should be $900 instead of the $200 our lawyer submitted. Even with his recommendation, this did not happen. Our lawyer felt that this may of not happened given that our debt was $123,000.

I agree with your lawyer about the gambling issue. It stated on ours papers that were given to the trustee that our reason for filing was because of gambling, and the trustee did not ask us one question in regards to gambling.

I know how you are feeling because I felt at the 341 meeting that because I had done a $9,000 and $5,000 cash advance within 30 days of filing that he would grill us on that. Our lawyer explained that the trustee is not the one to object about these advances, but the creditors are. Even if a creditor did show up at your meeting (like one of ours did) they still have to submit a written objection with the court. Given the expense to the creditors to do this, I would think they would not do anything about these charges.

The best of luck to you at your meeting!!!

Pardon me for asking, but did they both object to these large advances so close? I know you mentioned that 1 of them showed up. Did they ask you to reaffirm? My last advance was over 20k in May and my lawyer advised me to wait and file under new law. I guess every region is different with this.

[rockobuster]

We only had one of the creditors show up and that was the one for $5,000. We never heard from the creditor that was for $9,000.Even though a lawyer representing the creditor showed up at our 341 meeting, they never officially filed any complaints, and we never heard from them again to see if we would reaffirm.

We were suprised when our attorney did not have us wait longer than 30 days after our cash advances. I think he felt it was worth the chance to file right away, since they have to try and prove we intentially tried to defraud them.

I hope that by waiting for the new laws that you still qualify for the chapter 7, or are you planning on trying for a chapter 13?

[hhou812hh]

We only had one of the creditors show up and that was the one for $5,000. We never heard from the creditor that was for $9,000.Even though a lawyer representing the creditor showed up at our 341 meeting, they never officially filed any complaints, and we never heard from them again to see if we would reaffirm.

We were suprised when our attorney did not have us wait longer than 30 days after our cash advances. I think he felt it was worth the chance to file right away, since they have to try and prove we intentially tried to defraud them.

I hope that by waiting for the new laws that you still qualify for the chapter 7, or are you planning on trying for a chapter 13?

Yeah, I'm surprised. They could have disputed this and probably won. Inside 60 days the burdon of proof is on you to explain that you had no intention of defrauding them. Outside the 60 days the burdon of proof in on them to prove that you try to defraud them.

No ch7 for me. Single and make decent money so under either law it would have to be a ch13. I don't have much in assets just an IRA which will be exempt under new law and some secured loans which I plan on paying in full. What sucks is the legal fees will be more expensive under new law. I owe 60k now and a 5 year ch13 will force me to pay back 30k, so it's still better then nothing. My only issue is that there are rumors flying that my company is up for sale and if I happen to lose my job under new law I hope I can convert to a 7 or claim a hardship discharge as we can under current law.

[bankruptsaluki]

Hey "dumbpig" (I didn't want to call you this but you never left another call name), let me know how your 341 meeting goes in Chicago. I am filing next week and a little insight on how it goes will be great since I also am filing in Chicago

[dumbpig]

Saluki
I will give you a heads up. I hear the courts are packed and hopefully everythign goes ok. I will keep you updated

[bankruptsaluki]

Thank you very much

[sunshine08]

I think that your attorney knows best, this is his job. Just be ready to "prove" where $ spent just in case the trustee asks. Keep us informed as to what is going on.

[dumbpig]

proving money spent

its hard to prove where the money went since alot was online poker and I dont' have receipts.

[Pinktiger]

Online sites keep records.Go to the site or sites and download the deposit records and the playing records. Also, if you used your debit card or checking account as the funding mechanism, either Instadebit or Neteller or whatever would have a record. Get these records now for proof in case you need them.