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HELP about after 341

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    HELP about after 341

    Hi. This is my first post. I had my 341 a week ago today. I am over the median so the UST was at my 341. Asked questions about my schedule j and I answered. She asked about 4 things there but I said I have documentations. She said she doesn't need it yet. There was no report on pacer to this day. I called my lawyer they said they did not ask us to amend anything, or object to anything. Here's what keeping me late everynight. Do the trustee contact my lawyer first with some questions or documentation about my schedule J if they needed? Or even if they object to anything, they will drop the A-BOMB..A.B.U.S.E... anyone who has an experiece about this, please, ease my misery.

    #2
    Try not to worry! That is why you have a good lawyer representing you. Most of the time the UST doesn't pursue anything (from what I have read on here). It is my understanding the UST would go through your attorney if s/he has any other questions...that is why you have counsel.
    Filed 11-4-09
    Discharged 4-26-10 (took 3k out of a 4k tax return. Who cares! $55k in debt went away!)
    Portland, Oregon

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      #3
      that is one of my problem. My lawyer is not good. He's good only on Sureshot cases. he is one of the reasons why I am sooo stressed out. Is there a case that a trustee will not motion after 10 days?

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        #4
        Hello,

        DO not worry too much. One thing I learned during this BK process is to just wait. Once you filed, things are not in your control any more. Each and every step takes it own course. In my case before the 341,the UST sends an email message to my lawyer regarding 2008 tax returns and the stupid layer says he never received it and he tells me that the UST office might have used one of his old email accounts. I felt like firing him on the spot but I waited a little since changing the coucil is another mess.
        Any way on the 341 day they asked about it again and I gave a copy of the complete tax return to them. I was worried a lot but at the end everything turned out OK. I am waiting for my discharge on 1/19/2010.
        My layer however did save a lot of money for me,with out his suggestions I would have lost at least $8k.
        For the lawyers, we are only one case but for us, he is the only one that can help us. They see cases day in and day out and once they get the fee, they will just follow the procedure and do not care about our emotions. We can not really blame them since it is a mill and they know what happens next.

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          #5
          Thank you, I went to my lawyer today, waited for him for about 2 hours asking if the UST have mailed something. Nothing he said, then I was about to ask him another question but he floated away. If 10 days passes and they did not motion, does it mean that things on my schedule I were accepted? I was under the impression that at the 341 meeting or before the 10 days, the trustee or UST will say this is not permitted, this is too high, do you have documentation for this... None of those happened, I know they can only hit me now with general abuse or totality of circumstances in which I don't see them finding.

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            #6
            Just hang in there and don't worry too much

            I was not that impressed with our lawyer either and the 10th day after the 341 the UST filed a presumption of abuse. We had to amend, mostly at my prodding due to reading on this forum. My attorney originally thought we should dismiss and re-file. Anyway, we amended and my attorney did send a stern letter back with the amendment and this past week the UST withdrew the presumption of abuse.

            Anyway, if nothing happens by the 10th day the UST probably is gonna leave you alone, but even it they question something stay positive and keep trying.

            My .02
            Filed Chapter 7: 10/29/09 341 Meeting: 12/02/09
            UST involved: 12/12/09 UST out: 1/10/10
            Last day for objections: 2/01/10 Discharged: 2/8/10

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              #7
              thank you so much. Monday is my 10th day. But monday is a holiday so it becomes tuesday. I got robbed 1 day! I am just worried, nothing new on pacer since my 341.

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                #8
                hang in there sadjenny. we are in the same situation of waiting game.

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                  #9
                  I had my 13 plan amended on 12-18-09 and Pacer is still showing the old pmt amount. Got paid today and the new pmt amount was taken out . YAHOO.. Anyway, for some reason pacer does not seem to be updated very quickly .....
                  Last edited by klandsb; 01-15-2010, 08:07 PM.
                  Those who live in glass houses should not throw stones
                  Chapter 13 filed 10-21-09
                  Discharged 4-13-15

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