Does the 341 determine if you are a 7 or 13?

[Frshstart09]

Hi everyone. Forgive me if this has been answered already, but I don't see it in the thread anywhere.

I filed for Chapter 7 on May 7th, which was somewhat of a surprise because my initial consultation with two attorneys said that I would be a 13. My attorney said that once he started putting my numbers in, that I qualified for a Chapter 7 in the means test.

Does anyone know at one point a Chapter 7 would/could be converted into a 13? Is it at the 341 after the Trustee sees the paperwork? My means test shows Negative income, do they base the Chapter 7 completely off of that?

i just want to be mentally prepared for my 341. I don't want to get my hopes up for a Fresh Start if there is a good possibility it will go the other way. I don't know if anyone else has noticed that this process is not very user friendly. In addition, very little is explained by my attorney (not that I don't have confidence in him, but he looks overworked in this economy). It seems that without this forum and a lot of independent research, much would have been missed. I just want to remind everyone to be your own advocate and not blindly believe everything you are told. Thanks everyone.

[jb1231]

I'm curious about that too.

[bnkrptinva]

Me three. I'm borderline 7, attorney says worse case would be I have to convert to a 13, then back to a 7 when a bonus drops off in a few months, and my baby is born. Seems like a lot of work for a few months of repayment. I didn't want to wait longer to file though, because of my job and the phone calls (no privacy to tell them not to call me, etc., and the phone was ring 30 times a day).

[jb1231]

I'm about $14K below the median.

[jlh636]

I emailed my attorney yesterday asking the same question. I will let you know what I find out.

[Frshstart09]

I'm still waiting for a response on this one from my lawyer as well. Hmph.

[HHM]

No, the 341 meeting has nothing to do with a chapter 13 or 7 decision. However, if the UST shows up to your 341, that is a BIG clue that there might be a problem with your chapter 7 filing.

The 341 meeting is for the benefit of your creditors and the BK trustee.

[Frshstart09]

I found, while fishing through threads, that the Trustee has 10 days after 341 meeting to challenge or try to convert to a 13, which evidently isn't absolute if you read Jessegirl's posts. So basically, I guess I'll have to sweat it out. No definite clear answers. Just wanted a little worry relief :o)

[Frshstart09]

Thanks HHM, I was posting the same time you were :o)

[bnkrptinva]

I have my 341 tomorrow morning. I'll see if the UST shows up or just the bankruptcy trustee. My meeting is set for 9:00, but I do not know if it'll be a bunch of us, and that's the starting time, or if that's my time slot.

I'll keep you posted on how it progresses even after the meeting (the 10 days after) if I get any grief to file a 13 instead. Might be helpful to others to get a feel.

Wish me luck!
: )

[Frshstart09]

Good luck BkruptinVa! Sending good vibes your way. Thanks for keeping me in the loop :o)

[mamaof2]

frshstart09.....I thought i had my 341 meeting for 6-11-09, but it is on the same day as yours (6-9-09), and i too wonder about this, i will post something when i get home that day.

[Frshstart09]

Mamaof2, thanks. Looks like we'll be going through this together. Will post my results as well

[bnkrptinva]

thanks frshstart09. I'm pretty nervous...i'm borderline and I don't know how harsh my trustee will be. Fortunately, I do have an attorney, and she's guided me the best she can with the situation.

I'll pop back here tomorrow afternoon, and let you guys know how that part went.
Then from what it sounds like, I have a 10 day period of holding my breath, then thereafter I guess a 50 day period for discharge if the 7 is accepted.

Thanks everyone for sharing info & good luck on this site!
: )

[Manolo]

What does "UST" stand for and who is that?