top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

341 Question for a Joint BK

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    341 Question for a Joint BK

    Our 341 is this Tuesday coming up and I am starting to get really nervous. Good friends of ours filed CH7 four years ago and when they went to their 341 they were separately interviewed by the Trustee. Since neither of us personally know anyone else who filed, I thought I would ask here: is it common to question husbands and wives separately for a joint BK? I handle pretty much everything related to our finances and worry that DH would answer something incorrectly since he has no real understanding about most of our debts. Ours should be a fairly simple case except for a house we are letting go that we had rented out for the past 2 years. Explaining the mortgages (first & second) and when we stopped collecting rent and property values can get kind of confusing.

    I have no idea what to expect to be asked, but I really worry about DH giving a wrong answer that could be harmful....I tend to be better with the little details lol.

    Argh! I can't wait until this is done and over!!
    Last edited by Shanfish; 03-18-2011, 05:48 PM. Reason: give more detail

    #2
    Speaking only from our experience, but none of the couples were separated at our 341. We were just both sitting at a table with the trustee and his assistant. My husband is much the same - I'm the detail queen, he's along for the ride. The trustee did ask questions of both of us, but when hubs stuttered on our address, the trustee just chuckled.

    I would imagine most trustees would prefer the joint interview method in the interest of saving time. If your husband doesn't know an answer, he can honestly refer to you by just telling the trustee that you handle most of your financial affairs and know more of the details. No worries
    Filed pro se, made it through the 341, discharged, Closed!!!

    Comment


      #3
      We were interviewed together as were all the couples before us on the day we went
      I very much doubt they would have time to separate couples

      Comment


        #4
        Like the other posters, we were interviewed together at our 341. The trustee asked the standard questions he asks everyone to my husband first. Basic stuff, name, how long have you lived here, employer, any changes? Then he asked me if any of my responses would have been different. Then he asked questions specific to our case, stating that either one of us could answer. I answered all of them. There were a couple of questions directed to me (why I lost my job, was I offered another one?).

        Comment


          #5
          We were together, as were all of the couples at the 341. None were separated and either or both of us could answer any of the questions, based upon our knowledge. If you are the detail oriented one, then you will give the answers.
          All information contained in this post is for informational and amusement purposes only.
          Bankruptcy is a process, not an event.......

          Comment


            #6
            all were done together

            Comment


              #7
              This is the first time I have either read or heard that a Chapter 7 trustee separated joint debtors! The only situation I could even fathom to guess why that "could" occur, is if there are some questions of good faith and that one spouse was understanding what was really going on. Yet, I have never heard of this happening, until today.

              I would also add that the debtor's attorney should have intervened at that point! It's not a criminal investigation. It's a deposition, for all intents and purposes.
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog

              Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

              Comment


                #8
                Our 341 was yesterday (3/18) and we were together. Other couples there also were interviewed together. I was a nervous wreck before our meeting....like for a whole month and let me tell you it was painless. We were at the table maybe 5 minutes. Probably more like 3 or 4. I know it's hard not to be nervous, but really it will be fine. Good luck!

                Comment


                  #9
                  Originally posted by Baylee View Post
                  Our 341 was yesterday (3/18) and we were together. Other couples there also were interviewed together. I was a nervous wreck before our meeting....like for a whole month and let me tell you it was painless. We were at the table maybe 5 minutes. Probably more like 3 or 4. I know it's hard not to be nervous, but really it will be fine. Good luck!
                  Ditto. We even had a creditor show up (our HELOC bank). He didn't say anything except hello and who he was. I don't know if it was like this before this recession, but there were so many "normal" people there it almost seemed like the officials seemed sorry for us. It was a total waste of time worrying about it. We're 25 days into the 60 day club. So far, so good.
                  Stopped charging 6-1-10 - Filed 1-25-11 - 341 2-24-11 - Discharged 4-26-11 - Closed 4-29-11
                  Any opinion I give is strictly that! I am not a lawyer.

                  Comment


                    #10
                    Thanks everyone. I was worried for nothing - we got to sit together. The Trustee asked about previous autos we had in the past, one DH's Harley. DH answered we sold it in 2006 when our son was born. Trustee made a joke asking if he wasn't allowed to keep it anymore and instead of going along, DH said no, couldn't afford it. I wanted to kick him (DH). Thank goodness other than that, he didn't answer ANYTHING lol.

                    Comment


                      #11
                      Hi Shanfish: Congrats on your 341. It is over and behind you, and welcome to the 60 Day Club.

                      For the record, and anyone else interested, 'Hub and I were together also. He answered some questions, and I answered some.
                      "To go bravely forward is to invite a miracle."

                      "Worry is the darkroom where negatives are formed."

                      Comment

                      bottom Ad Widget

                      Collapse
                      Working...
                      X