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Thinking of not showing up at my 341, advise please

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  • 747LUVR
    replied
    Hi Jemma- hey, listen I understand your worries....heck, I have worried about my 341 AFTER the hearing....but thats another story. Look, I THINK the TT's realize the bal's we default on have exploded. we defaulted on roughly 184k in cc debt and several medical bills, in april/may/june of 2009. by the time our atty pulled our CR to do the matrix on filing in january, those bal's ballooned to a whopping 304k. So yes, others on here have said the TT will ask about charges and such since it's over 100k-that 'its standard', just be honest and polite, look them in the eye. And like others above wrote, have your atty on the same page, they dont like suprises either. But dont throw in the towel just yet.

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  • free2breathe
    replied
    Take a deep breath jemma, and don't decide not to go through with the 341 just yet. I'm sure someone else more "in the know" (perhaps Des, justbroke, or others who have a wealth of knowledge) will have more advice for you. Generally speaking, the trustees are going to look at transfers that happened recently, where the family remember got the property for far below fair market value, etc. Basically they are looking for something that would indicate you planned to hide assets so you could file bankruptcy. I'm not seeing anything in what you've said that leads to that conclusion.

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  • jemma
    replied
    I did use an attorney, but I am still having a hard time taking it all in. I told him everything and hid absolutely nothing. I just do not want anyone else being drug threw a mess I created out of my own stupidity (getting over my head in debt). I have been reading everywhere, trying to find an answer. I see a lot of things about transfers to family not looking so good. I sold it to this family member back in 04 but transfers took place within the two year time frame. I got what i felt was fair market value for it in 04. Just feel so lost and other people who have never been threw this just tell me my family member is done for. That the trustee will come after them with everything that have to recover that property. I thank you for responding to my post.

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  • free2breathe
    replied
    Because you have the proof of payment, and everything has been disclosed, I think it would be a mistake for you to throw in the towel now. Did you use an attorney to file? If so, I'd contact them to let them talk you through your fears. If you conducted your property transfers above board, you should be fine.

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  • jemma
    started a topic Thinking of not showing up at my 341, advise please

    Thinking of not showing up at my 341, advise please

    I need some advice, I filed chapter 7 this month. I am terrified of the trustee, why I have no idea. I never contemplated the thought of filing bk. I figured I could somehow come up with enough funds to settle in a year or so. My original debt started at 94, 000 but has increased to over 200,000 due to interest, late fees and so on. Let me get to my point before I bore you to death. I am considering not going to the meeting because of some transfers of property made to a family member. These transfers were disclosed on my schedules and this family member did pay for them. These took place over 1 year but the form ask for anything transferred two year prior to filling. The first transfers we can prove she paid for with copies of checks from bank, plus the payments started seven years ago. titles were transferred after last payment made for stuff. bottom line, I am not willing to better my situation and have this family member put out on the street. I am now ready to just throw in the towel and let the creditors go back to pounding down my door. Any help is greatly appreciated.

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