Help w/ question : 341 meeting continued!

[bubbly]

Hi,

Been lurking here for months and finally can't stand wondering about my case any longer. Hoping someone will know the answer to my questions.

We filled under old law in Oct. Our 341 was held in Nov. Trustee had a sticky note on our paperwork when we came in that said "Adjourn" on it before he even talked to us. Apparently due to the fact that we were missing a copy of a credit card statement showing payment due to a balance transfer done in July (before we had any idea we were going to file). 341 meeting was "continued" to late Jan 06. After 341 meeting attorney told us just send in the copy of the cc statement showing payment to him, he will forward to trustee & we should have no problem - won't have to go to continued 341 meeting in Jan.

We also had 3 reaffirms I wanted to do - house & two cars. House & one car reaffirms have been filed. 2nd car reaffirm was returned to attorney 1 week ago but does not appear to be filed w/ court yet.

Pacer is showing status as "Awaiting 341 meeting". Our "Continued" 341 date is approx one week from now. However, our 60 days from original 341 has passed already. Our case shows No Asset on Pacer. We have a flag "REALPROP". There is no recent activity on Pacer except for the filing of the 2 reaffirms. Trustee sent us a letter last month requesting copies of our October bank statements and wants our tax returns and unsigned tax refunds, if any. (We've had to pay the last two years and don't expect much of a refund this year, if at all).

First, has anyone else had their 341 meeting "continued" and what for and what happened to you?

Can anyone tell me if our discharge will be held up until after the continued 341 meeting date? Or possibly until after the tax refund goes to him?

Does anyone know what the "REALPROP" flag means? We own our home, but it is exempt in our state due to equity below exemption amount. Also, our case still says No Asset on Pacer even though Trustee wants tax refunds. Is that weird?

Our lawyer is somewhat difficult to get a hold of :-/ I emailed him about these questions a few days ago and have received no reply. I will call soon, but everytime I do he is quite condescending, like my questions are stupid ~ has been this way ever since he got our full payment at the 341 meeting in Nov. :-/

I've been a paranoid nervous WRECK about this whole procedure and I just want it to be done :-(

Thanks to anyone with any input. You guys have taught me volumes already. Good luck to everyone !

[StaciMM]

The trustee might request copies of tax returns, etc. from everyone. Some don't bother unless its over a certain amount, while others will do anything even if it only brings them $2.35.

I don't know about the continued hearing, but if your refund is taken, that won't hold up discharge. It could hold up the close of your case, but that is generally not a major issue.

[bubbly]

Thanks for replying Staci :-)

I'm hoping you're right and it's just this trustee's "way" to ask for tax refund checks. From what I understand he can't keep the whole thing even if we get a refund because he can only take 10/12ths and I don't think he can take the child tax credit either.

Although I have to admit even if he keeps the whole thing it's a small price to pay for relief from the amount of debt we had :-( We were literally drowning in it. And I hate the fact that we let things get to that point! Most of it happened during the 10 years I was single parent making crappy wages but with LOTS of open credit. My kids and I ate,bought clothes, bought gas, and paid for car repairs on credit for years because if we hadn't we would have starved, run out of gas (naked!) on the way to work numerous times and been killed in a brake failure accident! It wasn't a pretty picture.

But hopefully now on to better times!

[Minnymouth]

The rescheduling of your 341 meeting will extend your discharge date. It will now be 60 days after the new 341 meeting is scheduled.

You say you reaffirmed on 3 items - home and 2 autos, but pacer says only 2 affirms are showing.

Get ahold of your lawyer, as the "realProp" flag on pacer may mean that the Trustee is considering the other vehicle as an asset to sell......

You need to get this affirmed as soon as possible......

If the trustee is after your taxes, then you will see case closed until after he collects them......