The Hearing

[Ineedhelp2]

What happens at a hearing?

Is it a private meeting with the judge or will there be spectators?

My wife will most likely be too ill to attend and the paralegal from the firm that is working with us said they might let her appear by telephone. I thought maybe she could give me a power of attorney, but that does not look likely.

[pink_amulet]

are you talking about your 341?? Meeting of creditors??

If so here is the link for when I posted about our 341.

http://www.bankruptcyforum.com/showthread.php?t=4405

Good luck.

[Fedler]

Anyone can attend the meeting. It's open to the public.

[lrprn]

What happens at a hearing?

Is it a private meeting with the judge or will there be spectators?

My wife will most likely be too ill to attend and the paralegal from the firm that is working with us said they might let her appear by telephone. I thought maybe she could give me a power of attorney, but that does not look likely.

I'm so sorry to hear your wife's health is so bad at the moment, INH2.

Here's a Texas court document that discusses the alternatives if a debtor cannot appear at the 341 meeting - http://www.txs.uscourts.gov/bankrupt...20attend%22%22

If you don't have Adobe Acrobat Reader on your computer, here's the link to see the document as a webpage - http://72.14.209.104/search?q=cache:...s&ct=clnk&cd=1

Hope this helps!

[Ineedhelp2]

How long does the hearing last?

Do you have to spill your guts in public?

[FoolAndHisMoney]

How long does the hearing last?

Do you have to spill your guts in public?

Once you are called for your turn the meeting is about 5 to 10 minutes long. The wait for your turn could be a while. Yes everyone in the room will hear about your issues just as you will hear theirs. The only thing that's private in bankruptcy is your entire social security number because of identity theft and the names of a debtor's underage dependents. Since everyone's in the same boat no one will judge you for being there.

[anonymuse]

Here is another thread on the questions you will be asked at the meeting. It is directly from the Trustees handbook.

http://www.bankruptcyforum.com/t7959-ch-7-trustee-handbook-341-meeting-required-statementsquestions.html

[edwards2]

Ineed...just because everyone in the room can hear you doesnt mean they are paying attention to your case. When we had our 341 they called us to the front to a table with the BK trustee. We spoke in very low tones and other people in the courtroom were whispering to each other so I seriously doubt anyone was hanging on our every word. But the bottom line is you are all there for the same reason so try not to stress about it. No one is judging you(no pun intended) - how could they - they are there for the same reason....and even if they were so what...dont worry about them. It will not be near as bad as you think. All of us stressed big time prior to the meeting and afterwards wondered why we stressed so much. Keep us posted...hope you wife gets better.

[Ineedhelp2]

It didn't occur to me that everyone else would be in the same boat at the hearing.

I thought it would be mixed in with other cases.

It's a relief in a way, but in a way I think it would be depressing to be in the same club. Bankruptcy is not something I'm proud of.

I wonder if anyone here has gone through feelings of being a failure, or guilt for defaulting.

I know I will go through that. Sometimes I think I will try to repay if and when I can, even if I get my debts legally discharged, but I don't want to commit to that.

At any rate, I don't want to offend anyone here who has gone through the process, but I can't help but feel I'm setting a bad example for my sons.

My parents went bankrupt a few years ago in their late 70's. It was really hard to see that, as I expected better of them. Much of the problem was caused by going into debt to help my brother, and he would have been much better off without that kind of help. They were very irresponsible with money. It's not that they did not have enough. They just blew what they had.

And I am disappointed in them, but I'm no better.

My biggest mistake was thinking that because I used credit for business purposes, that I was not like consumers who used credit to buy frivilous items or other items that should not be bought on credit. But what took me a long time to learn was that if I ran up $25,000 in business debt in a year and only paid back $10,000 of it, that I had artificial "earnings" of $15,000, which was the same as using a credit card to buy groceries or any other item.

I'm just hoping that at 50 I can learn from my mistakes and not repeat this ever again. I intend to avoid credit like the plague. Credit is not wealth.

[Minnymouth]

No sense "beating yourself up anymore", what is done is done..... and we learn from our mistakes we make....

Now, focus on what you need to do to correct the problem, and use your new start in life more wisely. I'm sure that's what your folks did also....

We are all here for one reason or another, some of us by our own making, and many because of circumstances beyond our control....

I am just thankful that our society still allows us the right to a fresh start in life...... and believe me I'm not the only one that needed it..... and many more will follow us in todays society and the way things are financially right now.....

So chin up - look to a new future - get this "job" out of the way and on too a new beginning......

Keep us posted, have questions - just ask..... we are here for you...
Feeling down? Chat with us, we've been there, done it.....

[razorguns]

If your case is trivial and mundane - you won't get asked many q's.

The more complex, variables and grey areas you have - the more you'll be on the trustee's radar.

Mine was simple and 5 q's and out. Then again, I had a stroke, and walked up to them in a cane and had a slurred speech and a bit short on the concentration (i wish i was acting, but alas not). They were kinda taken back and basically said nothing. Small good thing i guess out of a bad period in my life.

r

[alh]

"Hearing" is really too strong of a word for the 341. Meeting is more accurate I think. Mine was around a conference table in a regular room with fold out chairs. Lot's of others milling aroung waiting their turn. Don't think like a courtroom. It's a step down from that.