Assorted questions regarding 341 meeting etc.

[rockygirl]

As part of our 341 meeting, we are told to bring, Social security cards, drivers license, 2002,203, 2004 tax returns, last 3 months bank statements, proof of income ie paycheck stubs or in my case something from social security showing my income and also from my private disability insurance company. So we have gotten most of it together, still waiting on my hubbys social security card to arrive in mail (naturally he had lost his ), but we have a receipt, in case it does not, or we can print out his paycheck stubs(we both have direct deposit so we don't actually get checks). The main thing the atty and para legal says is, have as much of this the way they ask for it so the trustee sees it as ordinary, just like the last case, u do not want to make him make decisions on what he will accept , or read a long page or do anything to annoy him or cause any delay in the procedings.

My question, is it unusual the trustee would want to see the last 3 months bank statements at the 341 ,meeting? I'm assuming this is done for everybody, it did not look like a special form made out just for us , How closely is the trustee going to look at those bank statements? is he mainly looking for the income we stated we have? The reason I worry (other than i'm a cetrtifed worry wort) is we eat take out so much b/c of our health , (illness/depression) and it will show up on the bank statements bc we use our debit card. That is the only way we can keep track on it. ( price a burger , fries, and drink at sonic or Micky D's for 2 people it is $15 -20) ) that is why i told the para legal that our food budget is around 600 a month,and it is.

Also, I've asked several times but is there a website, sticky, etc that deals with the 341 meeting and some tips. of what they may ask?

it 0442 and I'm posting on a BK board on sunday am.

I am much better than a few days ago when i freaked out here on the board. (bless u Willing, lady and Methuss. I really appreciated your kind responses.

I saw the doc and he changed my medication around and we have increased some meds. So I feel much calmer.

Down here in texas they don't believe in disability (unoffically). So the trustee may feel if I can walk in on my on accord, I'm not diabled. It is just the mindset in Tx. It's not a good place to be ill or out of work. We dont have a lot of social programs. However, a social worker called me a few days ago and said I may qualify for meals on wheels. Should I wait for the discharge to do this? She says they ask for a donation of $4 a meal but you just contribute what u feel u can. She was very nice. and if I lose my private disability money, then i may qualify for a helper to come in the home. All those if's. U would not believe how poor u have to be to get welfare in texas.

well i'm rambling.

RG

[bingo]

Asking for a few months of bank statements is not unusual. He'll just try and match up deposits with your income information.

Here's what a trustee must ask at the 341:

APPENDIX C SECTION 341(a) MEETING OF CREDITORS

(Individual Debtors)

REQUIRED STATEMENTS/QUESTIONS1

State your name and current address for tile record.

Have you read the Bankruptcy Information Sheet provided by the United States Trustee?

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?

Please provide your picture ID and social security number card for review.

If the documents are in agreement with the petition, a suggested statement for the record is:

"I have viewed the original drivers license (or other type of original photo ID) and original social security card (or other original document used for proof) and they match the name and social security number on the petition.

If the documents are not in agreement with the petition, a suggested statement for the record is:

"I have viewed the original social security card (or other original document used for proof) and the number is 000-00-000. It does not match the number on the petition. I have instructed the debtor (or debtor's counsel) to file an amended petition by [date], serve all creditors and the standing trustee, and send a 'Notice of Correction of Social Security Number in Bankruptcy Filing' and a copy of the amended petition to the three major credit reporting agencies, and to the United States Trustee."

When the documents do not match the petition, the standing trustee shall attempt to ascertain why. The standing trustee also shall ask if the debtor has ever obtained credit or benefits, such as Medicaid or employment, using this social security number or any other-social security number.

If the debtor did not bring proof of identify and social security number, the standing trustee needs to determine why.

Are you personally familiar with the information contained in the petition, schedules, statements and related documents?

To the best of your knowledge, is the information contained in the petition, schedules, statements, and related documents true and correct?

Are there any errors or omissions to bring to my, or the court's, attention at this time?

Are all of your assets identified on the schedules?

Have you listed all of your creditors on the schedules?

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.)

--------------------------------------------------------------------------------

1. The first ten statements/questions are required. The standing trustee shall ensure the debtor answers the substance-of each of the ten questions on the record. The standing trustee may exercise discretion and judgment in varying the wording of the statements/questions, if the substance of the questions is covered.

Handbook for Standing Trustees Effective 7/1/02

[willingtocope]

And the best way to see how 341 meetings are conducted in your area is to go sit in on a couple. They are open to the public...

[nolo]

Nope, we didn't have to provide any bank statements to the trustee at our 341 meeting.

Remember, you will be swearing, under oath that the information you are providing is correct and accurate. If the Trustee wants to examine your records more closely, he/she can ask that specific information be provided at a later date.

At least that's how our 341 meeting went.

[willingtocope]

The basic thing is that BK laws vary from state to state and trustees vary from county to county...this is one reason why its a good idea to have a lawyer who knows how the local trustees react...and, to even go sit in on a session or two so you can see for yourself.

[LadynRed]

A minor correction, BK law itself does not vary from state to state, its Federal. The exemptions vary as do the Trustee's and what they ask for

[rockygirl]

The atty office said that this is what they ask for (, we aren't being singled out.) So I can only hope that he's just looking to verify that what income we say we have is accounted for in the bank. Also, since we got that 401 k loan, it will be used to verify that the funds are gone.

I thought it was important that your bank account be as low as possible on your filing day, but atty office says, no, it is on the 341 day. they said they have seen the trustee ask a man to empty his pockets/wallet and stuff, and when they found cash on him, declare "and u said u had no cash".

The trustee sounds so warm and friendly. I should not be surprised. Texas is not known for charity or helping the poor. It's a rough state to be sick, broke, unemployed disabled in. But at least they have the no garnishment laws(except monies owed to the federal governmet, and child support can be garnished) .

Also, our paperwork says that if we do not bring the things asked, the trustee will dismiss the case then. and there.If we dont show up the case will be dismissed.

sound really friendly, huh.

RG

[DocDon]

If he gives you any lip, make him recite the Trustee Motto:

Integrity. We will adhere to the highest ethical standards and display professionalism.

Fairness. We will be impartial and honest in performing our duties and responsibilities.

Respect. We will treat others with dignity.

Excellence. We will enhance the effectiveness and efficiency of our service.

Accountability. We will continuously measure and improve our performance and results.

[rockygirl]

i have a couple more questions. U know, I did the budget thing online, and it looks good on paper, but my bank account does not actually reflect this. We have a lot of food and take out debits, and bills, and pharmacy and doc co pays, but there is it appears a bit of money left over at the end of month.

So that is stressing me in trying to account for our money and how it is spent. Some of it is just spent, and hard to know where. One thing for sure, it is not stashed under the mattress. ,. I have gotten a pharmacy print out for the 341 meeting. the asst. atty told me it would help, b/c we are allowing more than the trustee would see as average for medical ded.

I got info today that insurance companies (home owners ) frequently check your credit and use your score amnong other stuff to determine your payment. If u file BK they up your payment, sometimes double.

Anyone ever heard f this?

RG

[willingtocope]

Take few deep breaths rockygirl...you'll get through this.

Make the budget reflect what's real...if your DH pays cash for gas and the like, that's okay. The trustee probably isn't going to look at each individual check you wrote and compare that to your budget. The trustee is more interest in did you have a big balance at the end of each month...and if so, where did you stash that money. For the most part he'll just glance at them...hmmm...$1000 in, $1000 out...that kind of thing.

It is good to think about this a bit, and have answers ready if he should happen to ask...but...don't let it get to you.

[rockygirl]

ok Willing,

statement for

7/19 to 8/15 begining balance-263.

end bal-342

6/18-7/18

begin bal- 1, 486

end bal- 263

so what so u think of those? do They look ok or not?

I think I'm goingot take a small break and order stuff and wait until the papalegal starts rushing me. I can't go anywher until she gets the creditors thing done.

RG

[willingtocope]

Yep, the ending balances look just fine. And yes, wait for the paralegal...