341 Meeting Over! -- Info for those with meeting soon

[sammy05]

What is the name of your state? OH

I have gotten a great deal of advice and support on this side and want to give a little back!

I had my 341 Meeting yesterday and was extremely nervous....for no reason at all!!!!

I highly recommend going to your meeting early and sitting in on the cases before you. I did this and was actually surprised at how laid back the whole process really was...people entered and exited the hearing room as often as they wanted and no one looked at them oddly at all! Anyway, it was great to be able to listen to the question the Trustee asked. Even if your situation is different than those before you, you can still get a good inidication of what the Trustee will care to ask about. For those of you filing a no asset case with no weird issues attached...relax! your meeting will be a breeze! I wasn't asked a single question other than those the rustee has to ask. He didn't even question why I purchased a home 4 months ago or if I was contemplating Chapter 7 at the time I purchased (which I was not).

Also, I suggest you come prepared. My Trustee was very gruff and almost rude at times to some people and seemed greatly irritated when IDs weren't ready in the beginning or if paperwork related to issues that he would obviously asked about weren't readily available. My attorney and I walked up handed him my ID and remained standing so he didn't have to tell us to stand. I answered his questions concisely and let him ask for more info if he wanted it...don't offer more info than you have to. Then as we could tell by having heard the other cases we were approaching the question about real estate my lawyer handed him the deed to my house to review and then later quickly handed him my lease papers as that question arose....we were done in under 5 minutes and I honestly think the Trustee gave me a break because I was on the ball! Maybe I am wrong but it sure seemed like it.

My lawyer told me afterward that having know the Trustee for sometime, he will file a no asset case and I will have my discharge papers in 2-3 months.

Feel free to ask me any questions you may have about this meeting...my case ent like a breeze but I saw a few that did not and could maybe provide some insight...

 

[smkat]

<snip>
I highly recommend going to your meeting early and sitting in on the cases before you. I did this and was actually surprised at how laid back the whole process really was...people entered and exited the hearing room as often as they wanted and no one looked at them oddly at all!
<snip>
I wasn't asked a single question other than those the rustee has to ask.
<snip>
Also, I suggest you come prepared. My Trustee was very gruff and almost rude at times to some people and seemed greatly irritated when IDs weren't ready in the beginning or if paperwork related to issues that he would obviously asked about weren't readily available.
<snip>

Were there any babies there? We're due to have a baby the middle of June and I'm worried about when our 341 will be scheduled for... we haven't filed yet and I know they're backlogged. I won't be able to go unless I can bring my baby with me.

What questions does the trustee have to ask?

And, what is the "paperwork related to issues" that would be asked about? I have no idea what issues would be asked about.

 

[rockobuster]

OR

I will be having my 341 in May and appreciated reading what actually goes on in those meetings.

Like you, I am also nervous. My case will probably not go as smoothly as yours, even though I feel prepared. I anticipate many questions being asked regarding my LARGE gambling debts within 60 days of filing (these debts were from using the cash advance checks from three credit cards - $15,000). I am not sure what kind of questions he will be asking (which really makes me nervous) since I don't know from anybody else's experience, and what kind of proof he will want. These charges were done in one day at a casino.

Did your trustee ask questions regarding how you got so far in debt?

Did you or your attorney do most of the talking. I'm not sure how much I should be answering the questions, or my attorney.

Thanks!

 

[sammy05]

smkat~ The required questions/statements are as follows:

1. State your name and current address for tile record.
2. Have you read the Bankruptcy Information Sheet provided by the United States Trustee?
3. Did you sign the petition, schedules, statements, and related documents you filed with the court? Did you read the petition, schedules, statements, and related documents before you signed them and is the signature your own?
4. Please provide your picture ID and social security number card for review.
5. Are you personally familiar with the information contained in the petition, schedules, statements and related documents?
6. To the best of your knowledge, is the information contained in the petition, schedules, statements, and related documents true and correct?
7. Are there any errors or omissions to bring to my, or the court's, attention at this time?
8. Are all of your assets identified on the schedules?
9. Have you listed all of your creditors on the schedules?
10. Have you filed bankruptcy before using the social security number you presented today, the social security number on the petition or any other social security number not issued by the Social Security Administration? (If so, the standing trustee must obtain the case number and the discharge information to determine the debtor(s) discharge eligibility.)

I have a home mortgage and a leased car so he asked me when I moved in the home and reviewed the Deed and asked how many payments I had left on the lease and reviewed the lease paperwork. I was also asked if I got a tax return, how much, and what the funds were used for.

Do you have an attorney? If not, I suggest you take some time to read through this board or buy a book like 'Bankruptcy for Dummies'...not implying you are a dummy Eve though I had a lawyer I found both this board and th8is book helpful in undestanding what may or may not raise questions. If you don't have an attorney, be ready to answer how you came upw itht he value of your home, car, etc. If you gave any money away or received any income other than your job be ready to explain that. If you got a tax return over $1000 be sure to explain how what it was used on was a necessity and have documentation such as receipts to prove that. Basically anything you can think of tat could be asked about, bring anything you can to support it. I had an accordian folder with my utility bills, mortgage payment,s acar payments, medical bills, and pretty much any other expense I listed as well as any documentation of items I owned of value (which I have none besides my home).

any other questions?

 

[sammy05]

rockobuster~ You do all of the talking. Your attorney is just there for minor clarifications but for the most part he says nothing at all. Now, he can become more involved if a creditor is present but as far as the trustee goes, you are pretty much on your own. There was a man there that had extensive gambling debts but they were not incurred within 60 days of filing but I don't know the amount. I was not asked how I got into debt but the trustee did ask others about expenses paid and debts incurred within 60 days of filing. He will want to know basically if you were contemplating bankruptcy at the time of filing....if so, had you alreayd spoken to an attorney about it. However, your case will most likely not get dismissed for this...rather it may just get converted to Chapter 13 to repay this debt or you may end up negotiating with the creditor to pay a protion of it. In all honesty the only way I see it getting dismissed is if you lie. Even if you think you are saying what the trustee wants to hear, you are only hurting yourself if you lie because he will research it. Believe me, the trustee has heard it all...even if you are embarassed or ashamed of what you did, why you did it, or whatever just tell the truth.

I wou;ld suggest doing a search on this forum to see if there are was anyone with a case similar to yours that you can read about. If not, post a discussion looking for some to share their experience. Most importantly, listen to what your lawyer tells you to do!

 

[AmosMoses]

sammy05- You have said a mouthful when you said this:

"Believe me, the trustee has heard it all"

There is no telling what kind of stories (s)he has heard!