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341 Hearing today

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    341 Hearing today

    Just got back from my two pm hearing today. Got there about a half hour early to listen to some of the cases before me

    Went very smooth -only same routine questions every one else got asked -that everyone else has posted here

    I am married but filed by myself and he did ask if my wife had any assets not in my petition - other than some minimal household stuff and clothes and wedding ring there isnt any. Most people that were there answerted no - but I did explain about wedding ring and clothes to be clear. My attorney said he asked that just to be sure I wasnt hiding anything. He did ask if I owned any firearms (no) and if we had a safe depost box and where it was and what was in it - just legal papers. Asked if there was ever anything of value - yes savings bonds that all got cashed in many years ago to try to keep up with bills. He asked how I got in this finanical situation - poor financial planning - borrowing to try to keep current , family illness and kids - he laughed and asked if that is why I had three cars - asked who drove what - the third was actually a gift from my dad several years ago that the oldest drives

    We were over the income limit slightly and attorney said he might drill down into expenses to see why there wasnt any money left over after bills are paid (actually negative money) but he didnt

    He did ask everyone if they got a 2011 tax refund, if so how much, when (before of after the filing date) and what happened to it - went to pay bills


    He said he was closing the record and wished me well - I assume that means he is accepting this as a no asset chapter 7

    That's about it - very routine - thanks to all the time I spent reading posts from others - thanks everyone who posted about their experience - it was a huge help

    We are several months behind on first mortgage - and mortgage company has filed a motion to lift the stay that will be heard next week - attorney is not worried about that at this time - we are not in active foreclosure and will be able to catch up march and april payments on the first before the end of may, so by the time the stay is lifted and they send notice we will be a month or less behind . Our second is more than half under water and the third is entirely underwater and has been charged off . All three are by the same lender (first is actually freddie mac serviced by wf) so we are doing what ever we can to catch the first entirely up by june/july. Hopefully second/third will not bother us anytime soon - hoping to be able to settle with them down the road to remove the liens at some point in time but not anytime soon unfortunately.

    Good luck to us all

    #2
    Congrats on your milestone and welcome to the 60 day club...

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      #3
      Congrats on a smooth 341!
      ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
      Not an attorney - just an opinionated woman.

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        #4
        Just to remind people here, the TT you see at the 341 is NOT the one who objects if he thinks you can fund a 13. But be a no asset case, assuming you otherwise stay in the clear is a good thing.
        3/2/09- Filed: chapter 7 / No asset
        4/1/09- 341 Hearing: 1 creditor showed up Got to love family feuds
        4/2/09- Trustee Report of No Distribution Filed
        6/24/09- Discharged and case closed

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          #5
          I am glad your 341 went smoothly!

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            #6
            Originally posted by DebtEnder View Post
            Just to remind people here, the TT you see at the 341 is NOT the one who objects if he thinks you can fund a 13. But be a no asset case, assuming you otherwise stay in the clear is a good thing.
            So who objects then? I thought it was the TT you saw at the 341

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              #7
              There are basically two TT in a BK. One is the panel TT, he is mainly just looking for assets to liquidate for creditors, this is the one you meet at the 341. The other is the US TT. These oversee the whole BK process and you will rarely see them in person. If you see a lot of 341 and if a new lawyer shows up beside the always there TT for some cases, THAT is the US TT. This is often the case for people that have cases with some obvious issues. There is a set timeline for the USTT to object and if I recall it is 10 days for the standard you don't match the numbers objection. However there is an overarching Totality of the circumstances objection that can be invoked pretty much up until discharge. Your attorney should be able to advise of you of the chances of that occurring.
              3/2/09- Filed: chapter 7 / No asset
              4/1/09- 341 Hearing: 1 creditor showed up Got to love family feuds
              4/2/09- Trustee Report of No Distribution Filed
              6/24/09- Discharged and case closed

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                #8
                Thank you for the info

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                  #9
                  Congrats OP! Were you in Newark?

                  Keep On Smilin'

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