Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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341 Meeting is January 6

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  • 341 Meeting is January 6

    Hello to all! So much GREAT informaton on here. Wish I would've located this earlier when I filed. I'm a newbie to the site and I have a couple of questions. I've logged on to pacer FINALLY and see that it states, Case type: bk Chapter: 7 Asset: No. Is that a good thing? I'm assuming it means I have no assets to give or sale to pay back the debt.? I'm surrending my house, so under water and only had a 4 cc's. If I didn't pass the means test, would I have gotten a notice or will that be after the 341 meeting? I'm also nervous for I don't have an attorney, but have gotten through the process thus far with a lots of pray and faith. Any advise would be greatly appreciated.

  • #2
    Welcome to BKforum!

    That notation means that, according to your petition, you have no assets that are not exempt. If your trustee successfully objects to your exemptions or finds assets that you did not list, that could change. The trustee has until 30 days after the completion of your 341 to object to exemptions.

    You should know if you pass the means test based on the calcuations on the form. But, the U.S. Trustee could disagree with your calcuations. The U.S. Trustee must file a statement indicating whether there is a presumption of abuse no later than 10 days after your 341. I am not sure whether you would get a copy of the statement, but it will show up on PACER. 30 days after the statement is filed, the U.S. Trustee must file a motion to dismiss or convert or a statement indicating why such a motion is not appropriate (e.g., you have demonstrated special circumstances that overcome the presumption). I am pretty sure you would get a copy of that motion. It will appear on PACER. The U.S. Trustee could file a motion to extend the deadline.

    Have you sent the panel trustee assigned to your case a copy of your 2012 income tax returns and copies of your last 6 months pay stubs? You might want to call the trustee's office and ask if there is anything else they need from you.

    Don't forget to bring photo i.d. and your social security card to your 341.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


    • #3
      Thanks for replying back, LadyINTheRed.

      Yes, I did pass the means test based on the calculations and when I received the notice for my 341, it stated the presumption of abuse does not arise. So, the UST can still disagree after the 341 meeting?

      I called my trustees office on yesterday and I told them that I was going to drop the tax returns off, but the young lady told me that I could just bring them with me. (I made sure, I got her name and the time I called). She said that the trustee wasn't too picky about the returns not being sent to her. That was the only thing requested from the trustee, and I will make sure I take the 6 months pay stubs just in case. I did include the paystubs when I filed on November 26th. Yes, I will make sure I bring photo i.d. and ss card with me.

      One last questions. Is it normal to be nervous as heck? My mind just keeps wondering all over the place. I can't seem to rest and I'm constantly on PACER and on this wonderful forum, trying to read everything about this 341 meeting.

      Again, thanks for replying and this forum ROCKS!!!!!!!


      • #4
        I had my 341 hearing on Dec 23rd and I can assure you I was extremely anxious beforehand. But everyone on this site tried to assure me it was not as bad as I was imagining. And you know what? They were right! It was a piece of cake. So my advice to you is to sit back and relax. It is not that bad.


        • #5
          It is very common to be nervous. The vast majority of people laugh afterwards at how nervous they were. A prose filer has a bit more reason to worry. But, there really is nothing to be affraid of. If there are any issues, you can deal with them once you know what they are. Try to relax and have a good weekend!
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


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