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will a new 341 be called for amending?

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    will a new 341 be called for amending?

    I had my 341 today and the trustee recommended our discharge as a no-asset case. I was waiting for her to ask us if anything had changed and she didn't, so at the end of the meeting when I had a chance to squeeze it in, I showed her the schedules B & C I'm amending to reflect the updating of our estimated tax refund to our actual tax refund - changed B to show the actual amount, adjusted some figures on C to exempt it.

    I need to send the actual amended schedules to the bk court today or tomorrow, but I'm a little nervous they will automatically schedule a new 341 meeting (Nolo says they are "most likely" to schedule a new one when forms are amended after the first 341).

    The trustee seemed completely uninterested in the amendments and they don't affect the bottom line whatsoever - they're really just a technicality. Any idea on whether they just automatically schedule a 341 when they receive amended forms or if they judge each case on what exactly was amended?
    1/22/10 - filed Chapter 7 pro se
    3/2/10 - 341 meeting
    5/6/10 - discharged and case closed

    #2
    Sounds like you don't need to worry about a second 341. We filed amendments after our 341 as well with no adverse effect. We told the trustee at our 341 and he simply said, "make sure you get those amendments filed."

    He had actually filed the report of no distribution before we filed the amendments.
    Case Closed > 2/08/2010

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      #3
      Please go with what BobMango says. You are over-worrying about this. You are actually in the 60 Day Club. Congrats!!

      Now, if it makes you feel better about the whole matter, go ahead and send in the amendments. It will cost you something in the neighborhood of $26.00 to file the amendments with the court. If you have an attorney, you will have to deal with him/her. Some of them charge extra for filing amendments, although that should not be the case, as filing amendments or corrections to your paperwork is usually understood to be part of your basic package when you hired the attorney.

      Frankly, I think you are doing quite well. You will understand that I am not an attorney and I cannot and will not advise as such. However, our attorney told us that after reviewing our case, the trustee told her--after we learned we made several mistakes and needed to amend the schedules--the trustee essentially told our attorney to tell us--"Don't worry about it; it isn't needed."

      I hope this helps! My best.
      Last edited by AngelinaCat; 03-02-2010, 07:01 PM.
      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."

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        #4
        Thank you both for your replies!

        Now, if it makes you feel better about the whole matter, go ahead and send in the amendments. It will cost you something in the neighborhood of $26.00 to file the amendments with the court.
        Fortunately there's only a fee for some schedules, not the ones we're changing, so that's good.

        after we learned we made several mistakes and needed to amend the schedules--the trustee essentially told our attorney to tell us--"Don't worry about it; it isn't needed."
        See, I even wondered if I even need to send in the amendments at all (we're pro se), since they represent such a tiny change in the numbers. I could just let it go and if someone somewhere decides to challenge the tax refund, I could reopen the case and amend the papers then. I guess I just feel more secure if everything is as accurate as humanly possible, even if it is just a formality.

        I definitely overthink things and tell myself not to worry, but then I read some of the threads here and think I'm being too relaxed!
        1/22/10 - filed Chapter 7 pro se
        3/2/10 - 341 meeting
        5/6/10 - discharged and case closed

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