top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

New nervousness post 341

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    New nervousness post 341

    I was feeling good about my 13 to 7 conversion until I read a post from bankruptcy20. I thought if the trustees had any problems with the petition, they would be grilling me about it at the 341. Which they didn`t. The panel trustee was there as was the UST, which I expected since we are over the median. After reading the post I am now under the impression that they scour the petition after the 341 as well. It`s kinda taken the wind out of my sail. Am I just being a nervous Nellie? My lawyer did say he didn`t see any problems and that the trustees don`t scour as much for conversions that have given an honest effort with the 13. I think 3 years and 50k payback is quite an effort. Oh well, if nothing else this is a great place to vent. Thank God for this forum!!!!!!!

    #2
    From what I know, the UST has 10 days after the conclusion of your 341 to file a statement of abuse and then 30 days after that to either withdraw the statement or file a motion to dismiss. If your 341 was more than 10 days ago, you should have smooth sailing from here on out. Good luck.

    Comment


      #3
      Thanks king xray. It was friday. Maybe i`m just being a nervous Nellie. You know how nerve wracking this can all be!!!!!

      Comment


        #4
        UST does still have 60 days to file a dismissal regarding a "totally of circumstances"
        My comments are solely based on my opinion. The information and links that I have
        posted are provided solely for informational purposes, and do not constitute legal advice

        Comment


          #5
          It is really promising I think that you were not grilled at the 341. Being over median and having the UST there always raises the chance for issues. However, if your attorney thinks you will be ok, and he is a BK attorney (I say that because some people have generalist attorneys!) I think you can rest pretty easy at this point.

          The only down side of this forum is that you hear about a lot of troubles that others have that do not apply to your own personal situation. I went through some freak outs on the expense and documentation stuff because of some things I read here. My attorney was able to explain why those issues did not apply to my situation.
          Filed: 9/9/2009
          341: 10/13, went well!
          Discharged 12/17/2009

          Comment


            #6
            The only things that I think you might still have to look out for are minor threats at this point. The US Trustee can still dismiss the case for "totality of circumstances" but you would know if you are at risk for that at this point. (super high car payments, private school, huge mortgage, etc....)

            The other thing that might come up is that they turn your case into an asset case, but that would not affect you personally so much as be an administrative delay for the case to be closed. Often people are in chapter 13 to protect unexempt assets, so if you were in a chapter 13 for that reason before you converted, then you will most likely still be turned into a chapter 7 asset case. If you were a no-asset chapter 13, then this does not apply of course.
            You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

            Comment


              #7
              Worrying about what-if's and could-be's is a waste of energy and emotion.
              Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

              Comment


                #8
                Originally posted by leena View Post
                It is really promising I think that you were not grilled at the 341. Being over median and having the UST there always raises the chance for issues. However, if your attorney thinks you will be ok, and he is a BK attorney (I say that because some people have generalist attorneys!) I think you can rest pretty easy at this point.

                The only down side of this forum is that you hear about a lot of troubles that others have that do not apply to your own personal situation. I went through some freak outs on the expense and documentation stuff because of some things I read here. My attorney was able to explain why those issues did not apply to my situation.



                Think of it this way. This forum educated you enough to ask your lawyer and get some relief. I also contend that when I read some of these folks problems, there are times I feel blessed I don't have it that bad, and on the other hand there are those with no real problems who think the World is coming to an end for them.

                It is all perspective. To each, their troubles are worse than anyone's. That is normal. What I like about this place is the implied camaraderie here. 'Hub
                If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                Comment


                  #9
                  Originally posted by backtoschool View Post
                  . (huge mortgage, etc....)

                  .
                  Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

                  Comment


                    #10
                    Thanks for all the replies. From this point on I will not worry about what can happen and just hope for the best. We are a no asset case and the 341 did go well. I`ll just relax and keep everyone posted. Once again, thank God for this forum!.

                    Comment


                      #11
                      Originally posted by maddog2112 View Post
                      Thanks for all the replies. From this point on I will not worry about what can happen and just hope for the best. We are a no asset case and the 341 did go well. I`ll just relax and keep everyone posted. Once again, thank God for this forum!.
                      He can still get involved but you did make a good effort and that's what my lawyer told me also was that a good effort at a 13 first would help keep the scrutiny down. In our case the UST jumped in b/c the figures were wrong. Yep, my lawyer filed the WRONG figures. He had it looking like we had $1500 a month in disposable income and were begging for a CH 7. Sigh. He put us through so much unneeded stress.

                      Try to relax and keep us posted!
                      4/09 Converted to a Ch 7 due to loss in dh's income
                      5/09 UST now involved no idea what happens next
                      7/09 UST has decided to withdraw his motion to dismiss!
                      7/27/09 DISCHARGED!!!

                      Comment

                      bottom Ad Widget

                      Collapse
                      Working...
                      X