What If I Don't Show Up....????

[jamesd1967]

What happens if I don't show up for the "341 hearing."????????????

No, I didn't stop posting, but had to go to work. Please can I get serious answers. I am really new to this, try not to be so synical.

[dspii]

Your case will be dismissed and your debts remain.

[dakota112]

I don't know about you but this nightmare has almost taken a year out of my life not counting the countless hours of preparation and worry so my advice is if you are in need of BK to go forth, get all your stuff in order and get it over with so you can move forward with your life. I am glad I did. Live and learn from your mistakes.

[jamesd1967]

why a year out of your life???????? My attorney informed me that I would only have to appear in court ONE time. And that's all that it had better be!!!!! Will I have to go back a second, third, fourth....... time(s)??

[dakota112]

You obviously have an easy case than; mine was far more complicated, I was living in 2 states, had 3 jobs at the same time , lost all of them within a month of each other and had to plan the ebankruptcy out so I didn't wrongly end up in a CH 13 which can happen and is not exactly fun. You definitely need a good atty for this.

[viking64]

I was discharged on Wednesday, February 17, but I started this process on July 1 with my attorney consult. However, it was the first week of June that I realized I had tod o this. Then there was paperwork prep, then there was review and revise, then there was filing (10/28), then there was waiting for the 341 (12/16), then there was the discharge. In the meantime, there was a time-share mortgage reaffirmation and debtor's education.

It wasn't on the top of my list every day, but it has taken 8 months of my life from first realization to discharge, and I had a simple case not involving a home.

[jamesd1967]

after my 341 hearing, I am planning on moving to Florida from Alabama. I used to live there, and absolutely can't wait to get back. Had enough of Dixie, I'll tell ya'. After my 341 hearing, is there a time frame that I can depart this state?? From what I understand, I could leave the courtroom and drive out of Alabama immediately afterwards, and have not done anything wrong?????

(2) Can I have a bank account/checking or savings??? Or is it better to wait until everything is all over????

[dakota112]

Try to keep your checking accounts as they will bevery hard to open if not impossible after you file. Just keep 5 bucks in each one. I believe you can move after you file but you have to let the trustee know where you are. I guess this process affects everyone differently. It really caused me alot of mental stress and anguis and I'm sure it took a year off my life. I have learned alot from it however and will be far more careful with how I look at finances and money and interest etc. Good luck to you and your new home.

[BKDefender]

jamesd: If you're not planning on making your 341 you should call the assigned trustee and tell them something came up and you can't make it. They'll usually give you ONE free pass and continue the hearing for a later date. If you don't make the second 341 meeting, expect that the trustee will file a motion to dismiss your case for failure to comply with the 341 meeting requirements. Unless you can give a darn good reason for missing the 2nd one, your case will be dismissed.

--William

[ToughTimes]

James,

We moved back to California after our 341 with our attorney's blessing. It is important that the court have your new address if you relocate & your attorney can see to that for you. Our attorney had also indicated to us that, if we had needed to move prior to the 341, it'd be fine as long as we flew back to attend that one event.

While I echo the sentiments of those who feel it's been a year out of their lives, and we're still awaiting closing (small asset still to be sold by trustee), it is also the case that, for us, actual time invested is very small. I keep files that enabled me to put together the required paperwork in about an hour (most of which was making copies cuz I was keeping my originals, thank you very much). One attorney visit to which I took said paperwork and during which I discussed assets that were unlikely to be exempt. (Because I'd done a fair bit of online research, I only needed the one consult; he was the right attorney for us.) One additional visit to attorney, this one also involving my beloved husband, as it was to go over the filing paperwork and sign it. The 341, roughly half a day including getting ready, commuting, waiting our turn, meeting, and hallway conversation with attorney (and ice cream to celebrate on the way home). The rest has been phone calls here and there to get permission to do this or that with an asset.

So I'd say our actual time investment in the BK alone is probably somewhere between eight and twelve hours. The time we've spent thinking about it, though, or involved in other, related activities not actually necessary to the bankruptcy is a lot more. Because we're an asset case, we still have loose ends that we'll hope to tie up once the case actually closes; a couple of non-exempt items that the trustee does not seem to have an interest in that we'd like to sell, but which we'll wait to sell until we close. Having that kind of unresolved stuff sucks some of my mental energy, and I think that drag on mental energy is what most people are referring to when they say their bankruptcy has consumed a year of their life.

It is not uncommon for people preparing to file BK to open new checking and/or savings accounts prior to filing. We did, though, as things have unfolded, our prior accounts have remained open and have not proven to be any problem.