341 hearing soon

[down @ out]

I have my 341 hearing coming up in a week and was interested to see if any of you folks had the same kinds of feelings I am having when you were at this stage of the process.

First off I feel very vulnurable at this point. I filed pro-se because frankly I was not overwhemed with the attorneys I saw and my case appears pretty simple. Not that several of my credit card creditor couldn`t raise a stink but I suspect I will be ok. It is simply a fear generated by having to do something like this. Also I feel a degree of shame that some how I just simply failed and coundn`t get it right.

Coupled with this is a strange sense of relief. My bills were overwhelming me and frankly if a couple of creditors had been reasonable maybe this would not have had to pass. Had one cc company threaten to put me in jail, charged me 28% interest on a cc that was originally 3% and was charging me a 39 dollar overlimit fee and a 39 dollar deliquency fee each month. It is just nice only having to pay for rent, food etc.,

Also concerned about losing my job. The organization I work for would go nuts if they knew this was going on.

Guess at the end of the day the biggest plus in all of this it is helping me learn what is importent. I am 56 and if this turns to crap I have nothing left holding me back from doing somethings I have always wanted to do with my life. Always was really happy in the hills. Like to gold pan, prospect, etc., Suspect I would be very happy just disappearing and telling the whole establishment they can kiss my confederate ass.

thanks for listening.

[bkfiler]

first let me say bk is not a stigma like it once was. dont worry. you are taking steps for a better future. feeling those things are exactly how we all felt too for the most part.

secondly, its not gonna all fall apart. worst case, if you dont lie at all, and creditors do come after you then most of all of the debt gets discharged anyways and you just fight the creditor that came after you.

and even if that happens then you just argue about the recent transactions that they are complaining about, not the entire debt on the credit card.

and then, while arguing about that amount you pretty much, worst case, settle for 50% or less of it anyways on payments without interest.

you see, non of the attorneys told me all this. i found out from this board how it works. thanks guys

your only potential problem is that creditors like to come after pro-se filers more often then filers represented by an attorney. then, after that they are more likey to come after filers represented by attornerys known not to fight but just settle. not always of course but they are more apt to if they see something they think they can get some money on. its a business to them.

so while you are waiting around, i would research ahead of time to find an attorney that really does fight the objections to discharge just in case you have the problem.

honestly, everything is going to be ok.

[StaciMM]

If you were late & overlimit before you filed, I'm guessing that you were not doing cash advances or excessive charges recently, so you should be fine. The creditors can't complain just because they want their money, they can only object to certain charges, etc.

You're moving forward-try to concentrate on that. You'll probably start to feeling better after your 341. Its understandable to have mixed emotions-BK is not something anyone sets as a personal goal. But, take pride in knowing that you did your best and you can close that chapter and start with a clean slate.

[FoolAndHisMoney]

Coupled with this is a strange sense of relief. My bills were overwhelming me and frankly if a couple of creditors had been reasonable maybe this would not have had to pass. Had one cc company threaten to put me in jail, charged me 28% interest on a cc that was originally 3% and was charging me a 39 dollar overlimit fee and a 39 dollar deliquency fee each month. It is just nice only having to pay for rent, food etc.,


Down @ out, are you exagerating this statement because you are very upset or did they really threaten you with jail. There are no debtor's prisons in the USA and depending on your state I don't think this was a legal collection practice of them to threaten like that. They can sue you, get a judgement to take property or garnish wages, but jail isn't an option. That person should be unemployed for even saying that as far as I'm concerned.

[bkfiler]

no the person who told him that should be thrown in creditors prison imo

[down @ out]

Nope I did not embellish the statement. Seemed like it was a young kid who was maybe working part time messing with folk`s head. The sad thing is that the companies who let this go on really don`t get beat up for their behaviors.

Maybe a fine here or there but no real punishment.

Have a happy thanksgiving. At the end of the day the evil folks like that do is more damaging to themselves than to us.

thanks for the support.

[Senior Citizen]

Your employer can not fire you because you filed for B/K. My wife and I have our meeting December the 9th. ( Chapter 13). We are trying to get our lives on the right track by paying $1250 a month for 46 months. We are both 71 years old. I told my wife if either of us passes away notify the lawyer and refile for Chapter 7 because one of our social security payments will stop . No more disposable income.

[mrman]

If you work in the securities area, you have to report BK, and you can be terminated for filing. As for how you feel, I think it's common.

[FoolAndHisMoney]

Your employer can not fire you because you filed for B/K. My wife and I have our meeting December the 9th. ( Chapter 13). We are trying to get our lives on the right track by paying $1250 a month for 46 months. We are both 71 years old. I told my wife if either of us passes away notify the lawyer and refile for Chapter 7 because one of our social security payments will stop . No more disposable income.

Sr Ctzn, isn't SS exempt from being garnished? I know from listening to my mother that SS doesn't pay very much and I can't imagine SR. citizen's paying so much for a chapter 13 plan when you maybe judgement proof. My mother owns a house in Tx (fully exempt), lives on social security(fully exempt) and I mentioned she would be better off filing a chapter 7 to pay off the 12,000 in debt and she wants to pay it even though she is struggling.

God bless you and your wife. If I'm in this situation at 71 (God forbid) trust me I will enjoy life to the fullest and NOT be intimidated by debt. At that stage the bill collectors of the world can k!ss my Irish @ss!

Good luck to you and your wife and stay well!

[CAB in CA]

Yes, SS is exempt from garnishment. On a bankruptcy petition it must be listed on your schedule of income.

Creditors can still get a judgment against you but cannot attach your bank account as long as you do not have any co-mingled funds in the account where you deposit your SS money.

I even keep two separate accounts. A checking account for SS and a savings for pensions and transfer the money from my savings account to the checking account so the source can be traced as exempt also.

If you do own property then a lien can be placed against your property which will have to be satisfied before the sale of the property.

When I filed October 5, 2005, my sources of income were Social Security Disability and two small ERISA pensions from my deceased husband. The income from those three sources were used for disposable income. My expenses are equal to my income.

I was judgment proof in the respect that I had nothing that the creditors could garnish, but they would have a judgment lien against me which would have been applied to any future home which I may own.

I was one-and-a-half years from statue of limitations when I was served with a summons from one creditor for three credit cards. At that point, I went on ahead and filed bankruptcy so the summons would be dropped, which it was.

Senior Citizen may have two nice SS payments and/or perhaps a pension that has to be used for disposable income that far exceeds their expenses throwing them into the CH 13.

I finally felt a big sense of relief after I filed. The phone used to ring non-stop during the day and made me crazy. Now, after several days of not ringing, I pick up the receiver to see if I still have a dial tone!!! I am no longer popular when it comes to phone calls, but believe me the silence is truly golden!

down @ out,

Best wishes for your 341. Hopefully, yours goes as swiftly as mine. Five questions and I was out of there. Now the waiting game for any trustee objections....

CAB in CA

[down @ out]

341 Hearing soon

Thanks for the words of support. Really does help to know there are folks out there who have been there and done this sorta thing and come out ok.

Really it is what it is sorta speak. If I get into some grief with all of this so be it. I know I did the right thing and with luck it will all work out and I can get on with my life. If some of the creditors want to go to war fine. I can guarantee any victory will be bitter. First they will not get a cent and I will ensure we burn up enough of their money in the process to make any victory of little consequence.

Dropped by the court and saw a few cases recently. Amazed in general how worthless the legal profession really is. The attorneys I watched practicing their craft were in general worthless and simply sticking it to their clients like the creditors. Anybody who gets into this process without reading up as much as they can are well nuts. I would never trust an attorney.

The trustee looked like a wolf that was pretty well starved. Guess they don`t pay those folks enough. Must be tough sniffing around the remains of folks looking for a morsul to eat. Amazing the money made off of the pain and suffering of folks.

Hell the hills are looking better everyday.


thanks,

[down @ out]

341 hearing tomorrow

Well tomorrow is the big day. I am a total wreck today. Probably not a lot different than a lot of folks. Guess I should count my blessings. My children are both grown and at the end of the day I only have to worry about myself.

At least that gives me options if this doesn`t work out. Also since I am not supporting a family I can do life differently if needed.

Ever wonder how we get to this point in life?

Gentlemen start your engines.