Do I have to attend the 341 meeting?

[tcreegan]

Hi freeseattle,

The trustee doesn't charge you to reschedule, they just dismiss your case b/c you didn't show up....or they can reschedule.

Here is the UST policy for your region: http://www.maxgardner.com/downloads/firstrule.pdf

Another problem you might encounter is the trustee not willing to communicate w/ you directly since you are represented by an attorney, they might insist on only going through your attorney.

You might want to reserve that $250 just in case...

Tom in Colo

[freeseattle]

no it's $50 more w/airpline. but i wanted to ask if anyone have rescheduled and have feedbacks.

[OregonMom]

I was extremely nervous about my 341, was afraid they were going to ask us to go into detail on why we are filing and why we can't pay our bills ect..... When I am under pressure for anything I choke and sound really stupid. But I got there early listened to others and realized nobody cared why I was filing. The trustee basically asked our names and yes or no questions. Took less then 3 minutes and we were done. Our lawyer was there so if they aren't worried don't stress about it.

[BKlooker]

Joe,

A good point was made about verbalizing what has you so stressed? Do as much reading on the 341 section the BKforums here. It's likely after you make it through 2-3 pages of threads, you will see how little a deal this is...it's almost a simple formality. They won't bring in the feds, a K9 drug squad, and half of the CIA, or anything else you likely imagine to happen. It's going to be you in a little room with your lawyer, your trustee at the computer and maybe their assistant, and that's likely it (and depending on where you live, a room with a few other people who are BK just like you (and likely with a hell of a lot more complications)

Are you having issues with your case that we can help answer? Are there forms you can't find, or is your attorney being a real pain in the behind, or something like that?

I informed another person on this site that another helpful thing to do is look up your states BK stats, as being another person like yourself with anxiety problems, i found this to be the best cure for my worries. Every state (ok, most) have their BK stats online and update them daily/monthly. It can show you how many thousands of people have each type of BK in your state each month and year, and how many actually end up having complications outside of the normal. And most of those proceedings had to do with some out-there stuff...people taking out 50K from a loan shark 2 weeks before filing BK....people who take out personal lines of credit from a credit union and never paying a dime on it....people racking up 2K in credit card debt on a card AFTER filing that card within their BK....obvious no-nos.

In my state, the AP filing rate (read: procedures due to creditor objections, etc.) is less than 2%. As in, on average, my state nails about 2,000 Chapter 7s per MONTH (500+ every week, and in the spring it's even higher than that), and less than 50 of those that are Ch 7's end up having issues. Your state is likely similar. As you will read around here, the bottom line is simple: as long as you are truthful, honest, and forthcoming with what you have presented in your case, you have nothing to be afraid of. What is the worse that could happen? Likely that the trustee will want a few extra records like pay stubs and copies of bills to back things up a bit better, and maybe a copy of some old taxes. That's it! As long as you aren't trying to hide anything (namely assets), there isn't much they could take or do to you, right?

As someone else said, if you can provide proof to the court and your lawyer, they can probably get your case scheduled for the end of the day so it's less people around in case you need to take a break. Also, while I myself plan to pop a Xanax before i go in there, it's imparative that you aren't high as a kite and can answer questions clearly.

But again...read the 341 section for a couple hours over the next few days if you have the time. I did, and that, coupled with my state's stats really put me at ease. I mean really...there is over 24,000 BKs in my state each year, 95% of which are CH7, and another 97% of those that swim by smoothly enough. It's going to be alright....and you aren't alone. Think about your life in February when all that worry you have been putting into bills, paying people back, debt, and being able to survive are all gone. It's right around the corner now

[oregonpilot]

Mine was in a city council room at the city hall building. Pretty informal.
BIG signs all over the place..turn off your cell phone.

[helpme2010]

I have my 341 next week and I am under an extreme amount of stress. My meeting is in 7 days and I am having panic and anxiety attacks. I am afraid that if I have to go to this hearing I will have to take some Xanax. I can probably get a notice from my doctor saying that due to health issues I cannot attend. Would that be possible?

You got to go and just get it over with. It's really a smooth and easy process. Just show up early and listen to the questions the trustee asks others. You will likely get the same questions (but the trustee will mix it up a little with various cases, asking a few random questions).

If you have an attorney, make sure you are doing everything properly with your exemptions, filings, etc. If so, you will be fine. There will be a lot of people in the room and the trustee has to go through everyone and then a new batch comes in. This is a lot different than a typical court room setting (in fact my 341 was in an empty retail shop at the mall). It was a little strange seeing people working, shopping and hanging out right outside our hearing.

[Peeps]

Hi Jo,

I understand what panic attacks can really do to a person, having a panic disorder myself (among plenty of other craziness). The suggestions here are good, but if you do have a medically documented issue, there may be one more option available to you. I'm not sure, however, if you still have time to do it since your 341 is already scheduled.

Talk to your attorney about reasonable accommodation for the hearing... like having it at a time of the day when fewer people are there, etc. The attorney can make a request to the trustee (or if you're filing pro-se, you could contact the trustee's representative directly). If you can help them understand that you didn't anticipate the stress of the approaching 341 would affect you so drastically, they might still be able to do something creative with the venue.

It's important to them that you're of sound mind (not medicated to the moon and back) when you answer your 341 questions; it provides the incentive for them to show some flexibility. What good is your on-the-record response if you've had to take so much anti-anxiety medication that you're medically intoxicated?

I'm sure once it's over, you'll feel like you've conquered the world. You can look forward to knowing how safe, strong, and free you'll feel once it is behind you. Take care and best of luck.

[clevelandmom]

Hi Jo!
I'm glad you're feeling a little better. Try not to let it worry you. There's nothing that worrying will do to change what is happening to both of us. And it will be over before we know it. I am going to look forward to clinking glasses with you (via this forum) a week from tonight. In the meantime, try to focus on other things, like family, the holidays, looking forward to next year being a much better year for both of us, etc. I personally plan on using expletives to say goodbye to 2010 when the clock strikes midnight on New Years Eve! LOL

[jo23171]

Thank you all for all your replies. I know it is nothing but since I have panic attacks and anxiety it is harder to keep it under control sometimes.

clevelandmom thank you. You are right it is the fear of the unknown even though based on what everyone says the outcome is pretty known.

I went to see a doctor yesterday and he prescribed some ambien so I can sleep at night and lorazepam for my anxiety for the next 7 days.

If the court wasn't so far I would definitely go see a hearing.

Thank you all again for the support, I feel much better already.

[ozarkmiss]

Jo,

This may sound like pop psychology, but can you verbalize what makes you so scared? Think a creditor / ex spouse will show? Paperwork has holes? Don't trust atty? What are some of your fears? It helps to expose them.

[october99]

hi, i have a question about attending or rescheduling 341 meeting? my meeting schedule on the day i am going out of town for my sister weeding. My attorney's office charges $250 to reschedule the hearing!! i think it's unfair- what if you have emergeny or get sick or have a work trip? any imput re:charges? does trustee charge to reschedule? thank you

Sounds like it would be cheaper and far less trouble to reschedule your flight.

[freeseattle]

hi, i have a question about attending or rescheduling 341 meeting? my meeting schedule on the day i am going out of town for my sister weeding. My attorney's office charges $250 to reschedule the hearing!! i think it's unfair- what if you have emergeny or get sick or have a work trip? any imput re:charges? does trustee charge to reschedule? thank you

[BKlooker]

I second what everyone else said. Number one, just go watch a couple meetings 1 day this week. As everyone noted, there is a 99.7% chance that you will be out of there so fast, as long as you relax, answer basic questions, maybe 1-2 side questions, usually also for general answers, that's it. It likely took you longer to write this post than it will take you to have this done . Saying it like that will make this painless.

Second, like other's said, you are soooooo not alone. It sounds like we are all in the same boat as far as timing for this, so know that there are thousands of people a week going through what you are (or worse, depending on how things are for you otherwise). Check out some of my posts sometime...i have anxiety problems like you do too. Me, cigs, xanax, and not eating have all been real close friends lately. And that being said, the 341 doesn't make me nervous.

Like cleve said, pretend we (the people on this forum) are all sitting there with you, walking into the room, listening to the questions, and leaving. Cause in essence, we are...just slightly different times and spread out over the country. When it's over, go out and have a glass of wine with a friend if you can. Or go home and take a nice hot bath and read a good book with a cold beer. Something that will allow you to calmly reflect that you are 60 days from having a whole new life

[free2breathe]

Hi jo,

Lots of good advice here. I was so nervous before our 341, but in the end, it wasn't so bad. The drive was a bit far for us to go and try to sit in on any other meetings, but I just kept reading the positive posts on this forum. The trustee was very professional, just asked the required questions, asked us for a few bits of paper (tax returns, bank statements and the like) and had us sign his directive explaining our responsibility to him. That was it. Just remember to breathe and you'll be fine. It will be over before you know it, and you'll be able to relax again. Also remember that you are definitely not alone. We'll all be here sending our positive vibes your way and looking forward to an update when it's all over.

[clevelandmom]

Hi Jo,
I am sorry you're feeling such anxiety about this. I hope maybe I can help you. I, too, am starting to feel the anxiety/stress/nervousness that you are because my 341 is in 7 days too (on the 13th). The first thing you need to do is ask yourself "what is the worst thing that can happen?" You haven't done anything wrong, just remember that. As a couple other posters stated above, it might be a REALLY good idea for you to go and see some of the 341's this week to give you an idea about what it will be like. What you (we) are really experiencing is the fear of the unknown.

Next, give yourself something positive to look forward to once your 341 is over. For instance, (and I KNOW this is going to sound dumb but. . .whatever LOL), I have promised myself a margarita at my favorite Mexican restaurant when it's over (I never get them anymore since my husband is laid off). We have set aside a little money to reward ourselves with that once we get past that meeting. Make a promise to yourself with something fun or something you enjoy once it's over, and anytime you feel the anxiety coming on, focus on the reward. I hope that doesn't sound silly, but it helps.

Last but not least, we can do this together if you like. We can be 341 buddies. Know that you are not going through this alone - I am going to be right there with you on the same day and we are going to pull through just fine. Then we can be 60 day buddies together. Hang in there my friend. Just remember, it's a quick little formality meeting that we have to go through, but once we do, it's over. MUCH better then going to the dentist - less painful and much quicker.