Filed Chap 7-Nervous about what's next

[sammy05]

What is the name of your state? Ohio

I am in my late 20s and filed chap 7 a week or so ago due to bad use of credit while in college...after 5 years of paying the debt just keeps growing. I have a good job where I make $43,000/year but have $30,000 in credit card debt and $26,000 in school loans. I just couldn't make ends meet and still pay my minimums. I fooled myself into thinking it would get better but finally came to grips in January and realized I was in deep and getting deeper.


I bought a home in September but other than the used washer/dryer, clothes, and some used appliances I don't have much so it was a no asset case. My lawer told me to wait on filing so I was in the house for a bit before filing and to get my tax return to use to pay my attorney fees. I have been in the house now for 6 months so my lawyer said it won't be an issue but I still worry....my necessary expenses leave me at $-20/month after bankruptcy so my lawyer says not to worry but after reading some of the posts on this site I am afraid of the 341 meeting and even more afraid of having ym case dismissed for some reason I never though of....does this happen often??? I heard most cases go through without a hitch but worry now that the law is changing soon. This is so stressful!!! I would think my lawer would have told me if anyhting looked out of sorts but he said it didn't...anyone have any reassurance for me or should I be scared????

[olgethorpe]

Your lawyer would have told you if you had any specific to worry about.

Just to reassure yourself, you might go sit in on some 341 meetings just to see what happens. Each trustee does run things a little differently, so you'll get to see how yours might behave...

[spoiler]

I feel the same way you do. I think that it is a very normal way to feel. I have my 341 meeting on thursday and woke up this morning, with my stomach in nots and I know i'm only going to get more nervous the closer thursday comes. I still worry that my husbands parents will find out (they will disown us if they find out we filed) I was constantly worried about my car, and my bank account ect. I think those of us who worry most....are the ones that need the bankruptcy the most. Don't worry. You don't have a reason to be scared. If you have a good lawyer like mine (waited a specific time to file to get a good trustee, lets me email and call her to answer thousands of questions) then go ahead and ask a few questions to ease your nerves. There shouldn't be any reason you should lose the house unless it has a ton of equity.

[Ladynred]

You really have nothing to be so scared about. Listen to your lawyer, he/she knows the Trustees and if there were anything to worry about, your lawyer would have told you.

You'll be in and out so fast you'll be surprised. Most 341 meetings last less than 10 minutes !! The suggestion to go sit in and listen at some 341 meetings is a good one.

[sammy05]

I need to quite reading this board I guess because it makes me nervous with all the issues that come up....like someone is saying that their boyfriend's income has come into question by the attorney she spoke to. How can this be since they are not married? My boyfriend makes a good amount of money (about $70,000/year) but he pays credit card debt and student loans as well as living expenses so when it is all said and done he doesn't have much money either. On top of that...he has never paid a single bill for me or even loaned me the money for anything. We do own a home together (for 6 months) but we are not engaged and have no intention of getting married soon. Is the trustee going to ask me about his income? I just don't see how it is relevant since the expenses I put on the petition was only the portion I pay of utilities and mortgage. Is my attorney wrong???

[Ladynred]

It doesn't matter what your marital status is, your BF's income may be questioned as part of the HOUSEHOLD income. While your BF has NO obligation to pay YOUR bills, what can be questioned is whether or not YOU could pay YOUR bills IF your BF's income could pay ALL of the other expenses - like mortgage, utilities, etc. - thereby freeing up at least part of your income to pay creditors.

If your lawyer isn't worried about this then I wouldn't be either. He knows what the Trustees in your area will be after, so listen to him - that's what you're paying him for. If you're still nervous, ASK HIM.

[sammy05]

I did ask my lawyer before and he said it "shouldn't" be an issue. He claims to have never had it questioned before. I am really upset now. My BF knows that I am filing and believes it is the best thing for me but we thought he would be completely left out of it and he will not be very happy if he gets dragged in some how. He is my boyfriend, not my husband, not even my fiance...I think it is completely unreasonable to even think he would pay the mortgage, utilities, etc. so that I can pay my bills. In my opinion that is something a husband and wife would agree to...not a couple. What if you owned a home with a friend...would they consider the friend's income??? Hopefully, it isnot an issue. I thought I could relax now but I guess I won't be getting any sleep unitl the discharge is done....it is going to be a long few months!!!!

[spoiler]

CALM DOWN! Boy I thought I was bad! Your lawyer isn't going to come right out and say "don't worry about it, it won't happen" Because he is a lawyer and he needs to cover his butt incase there is that very slim chance. Your chances of it being questioned are very low. Your Lawyer knows what the trustee asks about. As soon as the 341 meeting is over you can breath easy. I know how nerv racking this can be...my 341 is tomorrow and my husbands sister works in the chapter 13 offices at the court (we are filing 7) and we know that there is a slim chance that she might see us...and if that happens and word gets out that we filed bankruptcy...well we will be disowned from the family. But we need this bankruptcy so we can go on living. Your situation is going to be different than eveybody elses. Don't try to compare yours to others, it won't help you feel better. Why don't you ask your boyfriend for loyal support and Do what ladynred and olgethorpe suggested and ask him to go to a 341 meeting with you? Did you guys by the house together? this to me would seem like a little more than a boyfriend, girlfriend situation.

[Ladynred]

Yes, breathe. Like I said, if your lawyer says he's never had it questioned before, then you have to believe him as I'm sure he's seen MANY such situations. He knows the Trustees and what they're like, what they're after, you have to trust that knowledge.

[sammy05]

Spoiler~ Yes, we did buy the home together. We have been together for 3 years and have been friends for a few years longer than that. We get along well and will get married at some point I am sure but we are working toward getting our lives straightened out first...finances, family issues, etc. We did have a legal agreement drawn up stating that if we break up he is either going to buy out my part of the house or we will sell it and split the profit. I will just take a copy of that with me as well to court...you never know???
Let me knwo how your 341 goes...I pray that you don't get spotted by your family. I know what you mean...my mom works in the bankruptcy department of one of my creditors that I am reaffirming(my car) and I am just hoping she doesn't get it...or one of her friends to process....it is like a 2% chance she will find out with the large amount of people working there...good luck!


Spoiler and Lady~ I spoke with my lawyer today about a reaffirmation agreement I need to sign and asked him about this again. He said that the trustee will more than likely not ask about my BF's income. He said if it does come up then just to be honest and answer the questions...We split the bills 50/50 and I have statements and check copies if I need to provide them and I only included those expense I actually pay not anything that he pays (like internet access) so I have nothing to worry about. He said you never know but more likely than not I will just breeze through the 341 meeting since the trustee generally spends more time looking into people with more involved cases...we'll see.

[jlstahnke]

South Dakota
I filed a while ago and had to include my boyfriend's assets in the home and his wages and his pay he gets each month. I didn't really understand why either but my attorney assured me it was just for the trustee and that he just wanted to make sure that he wasn't supporting me. We do have a child together but are not married. My attorney assured me that it will not affect my boyfriend in any way. I know it is really stressful, try to keep your mind busy with other things. The only major thing is to make sure all the papers are correct with your list of belongings, the prices, and your creditors. Take them with you! The trustee usually asks questions and everything will be right on those papers your attorney filed. Good luck.

[sammy05]

jlstahnke~ thanks for the info. I spoke to my lawyer again this morning (he called to ask about something else and then brought the issue back up again) and he said that I don't need to worry about it since the expenses I included were for the portions I pay only. Additonally, we do not hold any other debts together other than the home which I am reaffirming and our bank accounts are separate. We don't comingle debts or assets in anyway other than the home so he said it won't be an issue.

I posted a question on another forum to a lawyer and she stated that my lawyer is correct. She indiacted that since our finances are separte and we do not have anything other than the home that we pay for together there should not be any issue. She just stated that if sked, tell the truth and be sure to emphasize that we do not comingle funds and bought the home to lower each of our overall home and utility expenses. In short, I don't have much and there is nothing that appears out of sorts so more than likely it will not be an issue....if it is just tell the truth and be prepared with the info that may be requested.