Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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341 this morning

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  • 341 this morning

    I was worried that our case would look "bad" as it seemed a little unusual. My husband's parents gave us a substantial cash gift in April, which we used as a down payment on a home in July, and then we filed for BK7 in October. We weren't planning to file BK, but we had been making minimum payments on our cc bills for a long time out of savings, and the savings ran out before our income came up enough to make ends meet (husband is self-employed). Also we ended up charging some auto repair expenses and home repair materials and even groceries to a credit card in August even though by that point we pretty much knew things were bad...that we could not even continue to pay the minimums. But we didn't know what else to do.

    Anyway I thought the trustee would ask a bunch of questions about why since we had this large lump sum of cash in April we didn't pay off our bills. Well for one thing it would have only paid off about a quarter of the we still would have had a lot of debt, and not had anywhere to live. It made the most sense FOR US to use the money as a down payment on a house, but I was afraid the trustee would say we should have paid our creditors first.

    BUT...he really didn't ask anything about that. He just asked where the down payment came from, and then asked about assets for my husband's business, like his computer. DH explained his computer is a laptop that is falling apart--literally, it is over 5 years old, and the screen is hanging on one hinge. Then the trustee asked, "Well what about a desk?" Um, no, not really. It's one of these cheapie particle-board things a friend gave us when he moved across the country. We tried to sell it at a yard sale last spring for $20 and nobody even wanted it. Anyway DH explained that he works from home and so the desk was already listed in our schedule of personal property, so the trustee didn't ask anymore about that.

    Then he said it looked like everything in our paperwork was in order, and we could go. We were pro se and practically everyone before us had had some kind of problem with their documents so I guess he was just glad we had everything filled out right. I mean he would ask people how they figured the value of their house and they would just shrug and say they could tell he didn't like the vague answers he was getting. He told several people they would be continued so they could fill their paperwork out properly. The woman who went before us did not have a good time at all. Her case sounded kind of complicated, maybe a little fishy even, like she had tried to transfer some property to avoid seizure. He told her bluntly he was going to sell her house and that she needed to get an attorney. I was surprised she didn't cry.

    I was also surprised no creditors came--there is one CC we owe about $18K to and I was sure they would come and say something. But, nobody came. I guess in a BK7 there's not much point unless they are sure they can prove some kind of abuse/fraud.

    So now we are in the 60-day club.

  • #2
    Welcome and join the 60 day thread here on the forum......

    Hopefully everything will keep going smoothly and you'll get your discharge in 60 days,


    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.


    • #3
      whoo hoo congrats! glad to hear it!

      hey foolandhismoney and staci - this is what im telling you guys about.. damn trustees greedy as heck:

      -----> Then the trustee asked, "Well what about a desk?"
      Im not an attorney or a trustee. You cant trust me either though!

      [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
      [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
      [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
      [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!


      • #4
        Originally posted by bkfiler
        whoo hoo congrats! glad to hear it!

        hey foolandhismoney and staci - this is what im telling you guys about.. damn trustees greedy as heck:

        -----> Then the trustee asked, "Well what about a desk?"

        Greed is good! (Gordon Gekko, IE:Michael Douglas, Wall Street 1987) LOL


        • #5
          Ok-I get it now! Taken out of context, it meant nothing.

          Perhaps I work too hard to see the other side of things sometimes, but I see it as being a reasonable question of sorts. Some people might try to hide info. Ask a question they're not expecting, and how they react/respond will say more than their words. Kind of like if someone says they have no car, and the trustee asks how they got to the 341. If they stammer and fall all over themself, the trustee will look deeper I suppose. (Doesn't necessarily mean he'll find anything-plenty of people will simply be nervous just because they're not proud of filing BK.)
          Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.


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