Thinking of not showing up at my 341, advise please

[AngelinaCat]

I do not know when one starts to feel better about the choice to file. I can tell you I am still feeling pretty down in the dumps about it. I tried to fool myself for many months about the reality of my situation.

However, it came down to two questions. 1. Do I deserve to file and get help? 2. Do I need to file and get help? My answer to question 1, no I do not think I deserve to file and get help, I put myself here out of my own stupidity. Answer to question 2, yes, I need to file and get help or I am not going to make it and my family is going to continue to suffer.

Jemma, Congratulations on working through the process to realize these facts and getting to where you are now. This is a 'business decision' regarding how you are going to handle your household responsibilities from now on. The better you 'internalize' the idea of 'business decision' and get the emotional factor out of it, the better you will feel and do.

As others suggested, go and sit in a few 341 meetings prior to yours, and you will get a better feel for how they go, and how prepared you are.

Good wishes go with you~~~

[jemma]

Correction, sale date was in 2004. Sorry about that.

[jemma]

Biotech- personal property was sold, sale date took place in 2003 and payments were made starting at that time. No, not real estate.

[biotechsolution]

What was sold? and for how much? Real Estate? If it was real estate 2 years wouldn't have made a difference, the trustee can go back to 10 if he thinks something is up.

[jemma]

Thank you everyone, who has given me advice on my situation. I am going to my meeting, I am ready (I think). I just need to get this all behind me somehow. I do not know what will happen, but all I can do is be honest and pray for the best. I feel so blessed to have found this site. Without all of you, giving advice and sharing your experiences, I would be so lost and a total wreck. I am still a little of a wreck and the closer my meeting gets to being here, the more sick to my stomach I feel. I do not know when one starts to feel better about the choice to file. I can tell you I am still feeling pretty down in the dumps about it. I tried to fool myself for many months about the reality of my situation. However, it came down to two questions. 1. Do I deserve to file and get help? 2. Do I need to file and get help? My answer to question 1, no I do not think I deserve to file and get help, I put myself here out of my own stupidity. Answer to question 2, yes, I need to file and get help or I am not going to make it and my family is going to continue to suffer.

[woeisme]

Just want to reiterate what justbroke said, once you file a CH 7, YOU do not get to decide to back out, whether you show up at your 341 or not! So the best way to protect your family member is to go, and show that the transfer was made for honest market value. Otherwise the trustee can decide you are insolvent and the best way to get $ for the creditors is to go after that property, not to dismiss your case.

[JoePlumber]

We also went through this in NorCal, not sure where you are, but myself and especially my wife had a very hard time with this and the creditors meeting (341 meeting) was a very tense moment, yet after it was done with, i was simply left with,, "that was it, no drama or seriousness about our stupidity and circumstances" its a simple thing and you will have to read a couple statements typed out and given to you by your Court Trustee, ours was very nice and easy to work with in Sacramento. Make sure you bring your S.S. card and I.D. with you into the the court room, or you will have to return to show proof. Our attorney didn't remind us before hand. Its easy..

[AngelinaCat]

Jemma, this one is for you:

For those embarking on bankruptcy.... you WILL survive!




Keep calm...... Carry on!

[jemma]

Thanks you guys/gals, do not know where I would be without you all. It is actually very comforting, to know that everyone here understands what the other is going through. I really have nobody else to talk to, so thank you. I know now that every bk has it's bumps, some bigger than others but most of the time if you are completely honest all will be alright. This family member was actually really mad at first, i think they thought maybe I did it on purpose. However, after explaining it all, they were very understanding. Also, told me if anything happens and Trustee feels something was sold for less than fair market value, they are more than willing to compromise and pay the difference. I just told them, I have no idea how any of that works but for now we will just hope and pray that everything turns out for the best. I cannot tell you how good it will feel, to no longer have this burden hanging over my head. I have learned some very important lessons from all this. I will never use credit again, that is just me. I have learned what it means to truly live within my means. I am happy doing that, just wish I would have known that back then. Who knew it would take such a hard slap in my face to make me realize this. I am so thankful I found this site and all the wonderful people on here.

[justbroke]

You should go for the simple reason that the Trustee can continue your case anyhow, if they feel there are assets. The only way to, literally, make your case, is to actually attend the 341 Meeting! Don't let the meeting intimidate you. You have the opportunity to discharge over $200K of debt, and you're probably worried about not even 10% of that.

I say to just relax. It is what it is at this point. Should you ignore it, it potentially gets worse! Understand? The thing is, the Trustee wouldn't even go after you! The Trustee is just looking for money and where it went. So relax, go to the 341 Meeting, be honest, and nothing will probably happen. Even if the Trustee wants to attempt to recover some of the money, which they actually have to demand and then sue the other person, it can be fought.

[AngelinaCatHub]

Thank you all for your responses. I am feeling much better, still nervous but not falling apart anymore. This whole thing is so stressful and I will be so glad when it is all over. At this point, I am just hoping the trustee doesn't pound me to the wall for those transfers. I was told by someone, I should have been smarter and waited the two year time frame out. My reply was, why I did not do anything wrong, what's done is done and I listed everything and it was paid for. However, I am having the family member get copies of all the checks written from the bank. I intend on bringing these with me to the meeting, just incase. I hope everyone is having an amazing day and I have no idea how all of you made it through this but it gives me hope.

Jemma, sometimes listening to those who have opinions may not work. This is why we put our WARNINGS up before us. We can only share our opinions, experiences, and advices. It is free and worth the price you pay. It is you that must decide. However, you are among those who do not know you personally, yet love you enough to give you aid out of God's gift of people who care. Our answers are not legal but we do have legal help here by real lawyers. It is not official but only advice.

If you do NOTHING, you do NOTHING WRONG, but then, NOTHING GETS DONE. Does that make sense? You have made your first step towards freedom and a NEW START in life. We are all here for the same reason.

If you have erred, the Trustee will tell you. WE have made every possible errors in the book but FRAUD. We were so ignorant. This is why we stay here for so long as to help those not to make OUR mistakes. We have learned and I see at this time, no real problem as long as you are "up front" with the Trustee. DO NOT abandon you position as you then will be back and feeling much the worse.

You will get by this. I promise this. It will get worse before it gets better in your eyes but we who stay have been there. We know.

Hang in there. Your friends here will be watching your success. 'Hub

[jemma]

Thank you all for your responses. I am feeling much better, still nervous but not falling apart anymore. This whole thing is so stressful and I will be so glad when it is all over. At this point, I am just hoping the trustee doesn't pound me to the wall for those transfers. I was told by someone, I should have been smarter and waited the two year time frame out. My reply was, why I did not do anything wrong, what's done is done and I listed everything and it was paid for. However, I am having the family member get copies of all the checks written from the bank. I intend on bringing these with me to the meeting, just incase. I hope everyone is having an amazing day and I have no idea how all of you made it through this but it gives me hope.

[AngelinaCatHub]

Jemma you are halfway there just by filing. The best way to become less terrified (you are one of many) is to go and sit in several of these to see the gammut of the procedure.

Also do a 341 search right here and read peoples experience. Most are down to earth. The very basis of a successful 341 experience is; be prepared and tell the truth without hesitance whether the question caught you by surprise or not. They usually average 5 to 15 minutes and are cut and dried. The word is: They are a piece of cake. 'Hub

[frogger]

As long as the transfers were for fair market value, you have no worries at all.

Good luck and just chill........

[jemma]

Thank you for your responses. I am making myself sick with worry. This is why I saved up enough to hire a attorney, so I don't have to worry. However, that is all I do theses days. I have not used any credit cards since 2009, most were paid every month until around 9/09, I think some I quit paying around 7/09. I did not decide to seek help until 2/10 long after these transfers 9/09 and 12/09 and was paid for over the years. I just do not want the trustee thinking I was intending any kind a fraud or misdoing to anyone. These were not just some worthless items that were sold, but like I said I hadn't even contemplated bk at the time and I received what I believe was fair market value. My attorney said he does not see a problem and if one happens we will deal with it then. I did ask if I should wait to file but he said no we could go ahead and do it. I just want this over and done with but I don't want anyone having to go thru the ringer because of me. I am really second guessing my decision to go this route. I don't know what to think anymore. Has anyone been in this situation before?