341 Meeting OVER YES!

[thelitman]

Ohio,

So I had my 341 meeting today, and my trustee although very scarey, he was only taking his job seriously. The people before me he yelled at because there attorney did not have everything filled out correctly, and he said had they filled after oct 17 that the case would have been dismmised, he basicly told the attorney she sucked (hehe) then he called me up, asked me questions just straight and to the point, nothing bad. Then he asked me if I had a bank account when I filled and I said YES. then he said so why did you lie on your bankruptcy? I said what are you talking about, he said I did not list everything on it. Then I said I must of forgot, and he asked to see a bank statement. I showed him, then he said speak into the mic, and confirm that you did not lie on your application and that everything is true except the point about the bank account. Then he shook my hand and said goodluck. and told me I did not need to do anything else, and then gave me a piece of paper that said if I do certain things then I need to contact him. One question I have is this. On the form it says i need to notify him if If my tax return is over $2,000 and then I shouldn't cash it. I am only expecting about $1,400 back does that mean I get to keep it and don't need to turn it into him? Thanks a lot for all your help! I am so happy. No just awaiting the discharge! everything should be good from here on out.

[bkfiler]

well, he can do what he wants basically. but it seems that if he said $2000 then i guess you get to keep it. i wouldnt plan on spending it just yet. i wonder if you shouldnt change your exemption number to make sure you pay them more. its almost year end anyway to not sure it it would help.

everything in your estate belongs to the trustee. its his until he discharges you. most people dont know this.

[thelitman]

Ya I knew that, but his papers says I don't have to notify him, unless it is over $2,000 so I am asuming that it is mine to keep. I haven't exempted anything anyways cause I dont have anything. So if he tried to take it I could amend my bk, and exempt it couldn't i?

[bkfiler]

you didnt exempt anything at all?

it seems reasonable to me that he probably wont take it. especially if he said $2000. if he keeps the case open or reopens the case to take the money then you could amend it from what i understand.

my attorney listed an extra category of "anything else found to be worth up to $xx,xxx dollars"

[StaciMM]

There is a tax estimator calculator at dinkytown.net. Use the#'s from your last pay check stub (add estimates to add in any final amounts) to see where you stand.

More than likely, his logic is something like this: I only get a % of any non exempt asset, can't keep all of it for myself. And, if the refund is less than $2000 and I only get to claim 80% of it for the BK estate*, that doesn't leave enough to make it worth my time and trouble to keep the case open and do extra paperwork when I have to give most of it to the creditors.

*Assuming you filed 10/14, 80% of the year had passed and that is the max % of the refund that is at stake.