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    341 in Nevada

    Well, today was my day as well. It went fast just as everyone said it would, but I'm still anxious about how it's all going to pan out.

    My meeting was scheduled at 230p. I arrived about half an hour earlier to observe other meetings and calm down. There weren't very many people, less than a dozen, all but 3 filed pro-se.

    My district actually required us to turn in copies of 2 years taxes, 2 months of paystubs, 2 months of bank statements along with copies of any check over $600, any lease agreements, etc. Basically all the documents that might be asked for at the 341 meeting were required to be turned in two weeks before the meeting. I brought 2 years worth of bank statements and paystubs, plus a copy of my drivers license and ss card. I also brought with me my car registration and insurance for the past two years because I don't own the car I drive, but I do make the insurance payments and maintenence costs which I listed in my petition. I brought these just in case they wanted more paperwork.

    The trustee wasn't extremely friendly, nor was he really rude. Almost disinterested and mechanical. He did a role call of petitioners and also of creditors ( there was one creditor scheduled to show up for someone, but they didn't!) He immediately notified some people that they were to return at a later date because their paperwork was incomplete or they didn't turn in the required documents two weeks prior. He also handed out to everyone a form to extend the deadline for the trustees objection to discharge until August 2006. He explained that it was so he could look at our 2005 tax returns and if we were due anything we need to hand over the check to him. If we failed to do this by August 1 2006, he will move to dismiss our bankruptcy. I don't mind turning over my tax return (actually there won't be a return, I'll end up owing about $200).

    I was the first to go because the first person scheduled failed to appear! (eek!) I went up to the large table and stood as he had me raise my right hand and swear my testimony will be truthful. Sat down and turned over my drivers license and SS card. I made copies of them too, but he just looked at them and checked them off on a form. He asked everyone to state how they got into the need to file bankruptcy, I was nervous when I answered, but I answered honestly. (used credit cards to help myself pay for college and cost of living when I didn't make very much income. Big mistake that I'm still trying to dig myself out of ) He actually thanked me for being honest about my own error in judgement and not give him an elaborate long sob story (I guess he hears alot of b.s.) He noted that I haven't used my cards in a long time. He also asked me if I have a car, I told him that the car I drive isn't mine but that I am responsible for it's upkeep. I went to my folder to get the documents supporting this and he said it's okay, he believes me. That was it. He said thank you and good luck. So basically he asked me 2 questions and that was it!

    I was suprised because I have some expenses that I was sure they'd object to or question, but I listed them accurately. One is my cellphone bill is $120 per month, but it's also my primary phone. I also have $200 listed under charity for tithing, but no questions asked. I turned in transcripts of tax returns instead of copies because they cost $39 each and had a long response time, and I guess they were acceptable because he didn't mention them either. Overall it was fast and painless, but by no means do I feel like a burden was lifted because I still have to wait. Also the motion to extend the deadline for trustee objection made me uncomfortable, but I wasn't singled out and it seems like it was applied to everyone.

    Those of you who are still waiting for your 341, it really is fast and painless but be prepared and keep it simple! Don't offer any answers or documents unless asked for and keep you answers simple and speak clearly (they have to record it and may ask you to speak up or repeat yourself) It helps to come early and observe a few before you go, just to get an idea of the Trustee's demeanor.

    #2
    thanks for sharing. glad it went well for you! whoo hooo!

    if you can, how much debt are your discharging?
    Im not an attorney or a trustee. You cant trust me either though!

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      #3
      Originally posted by bkfiler
      if you can, how much debt are your discharging?
      eek. It's so embarassing. 28k, most of it credit card charges and some medical bills. I actually paid off about half of the credit card debt when my credit card company merged with Bank of America and raised everyone's interest rates regardless of payment history (mine was perfect, no late or overages) My interest rate went from 4% to 28% I kid you not. I tried to contact them about it but they weren't very helpful. First they said everyone's rates went up, then they said they raised my interest rate because I had too much available credit which really made me mad because I had been writing them to lower my available credit (since I wasn't using the cards in over a year, why tempt myself?) but they kept raising it.

      I was making $500 per month payments to the cc companies and juggling the rest of my budget, being late on a couple bills each month because I was trying to stay current on the cc's. When my interest rate went up more than 6x and with the doubling minimum payments, I just couldn't do it anymore. I stopped paying the cc's when I decided to file and used that money to get current on the rest of my bills. The past two months I've been able to pay everything on time and it feels great.

      Comment


        #4
        Congrats on having it over. That's a bummer about them extending the deadline for so darn long! YIKES!

        Our trustee extended our deadline to January 3, 2006, but I think it was because our 341 meeting got pushed back a month and a half because my DH is deploying. Our original date was 12/27/05.

        Keep us posted!
        Amy M.
        NW Washington

        10/16/05 - Filed Chapter 7

        11/14/05 - 341 Meeting - DONE!!!

        1/6/06 - Discharged!!!

        Comment


          #5
          After doing some research I found out that my trustee is the U.S. trustee for this district. There wasn't a seperate trustee, I don't know if that's good or bad. I re-read the stipulation and the handout he gave us explaning what it meant and it does say that after copies of the taxes and any return is handed over to the Trustee, he'll file a motion to release the extension. I've never been more eager to file my taxes before! You can guarantee I'll be filing as soon as possible and not waiting until the last minute!

          Comment


            #6
            Nevada Bankruptcy

            I too recently filed in Nevada. My 341 hearing is in December.

            Good to hear the trustee did not object to you not having the actual tax documents. I received transcripts also and sent those to my trustee.

            I have a different trustee and wonder if the hold on my 2005 refund would apply. Don`t think I would actually get anything but if I did the IRS is grabbing it. Wonder what happens if the IRS grabs it to pay my alledged tax deficiency. Sorta like two great white sharks fighting over the same dead body.

            Not sure how mine will go. Hope it goes peacefully but who knows.

            Thanks for the heads up.

            Down & Out

            Comment


              #7
              Originally posted by down @ out
              I too recently filed in Nevada. My 341 hearing is in December.

              Wonder what happens if the IRS grabs it to pay my alledged tax deficiency. Sorta like two great white sharks fighting over the same dead body.

              Thanks for the heads up.
              Down & Out
              The IRS will take it and simply give you a notice that it was applied to back taxes. They will not issue a refund check to you.
              At least that's what they did to me. I think the only time it "might" be different is if the back taxes were being discharged in the Bk, but I'd still bet the IRS would keep it.
              If I'm wrong, the Trustee will know how to handle it and it will be their ob to go after it. Just show him the return you file and a note that it will be claimed by the IRS for back-taxes. If that doesn't satisy the trustee, you'll get your notice that they applied it to back taxes in about the same time as a refund check would take. Filing early that should be 2-4 weeks, then give that to the Trustee.
              P.S. Loved the analogy of two sharks fighting! Art

              Comment

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