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Hello all,
I have filed earlier this month for my 2nd chapter 7 BK and have a scheduled 341 meeting next month.
My question is I included personal debts I had from my Ex and included him in the BK. (loans) (Which he is not happy about I'm sure). How does it work at the 341 meeting if he shows up? What questions is he allowed to ask? I do have a lawyer.
Also, prior to breaking up I had to get out of the abusive relationship and I agreed to pay him back if he let me keep our dog that was bought in BOTH of our names. (paper work has both names and various vet paperwork has mine only) This was prior to me filing. Can he use this against me? I have the dog now since we broke up in November. i know a dog is considered property.
I'm trying to get my life back together and be independent.
Any insight would be great!
Thank you all!!!
@Anonymous wrote:Hello all,
I have filed earlier this month for my 2nd chapter 7 BK and have a scheduled 341 meeting next month.
My question is I included personal debts I had from my Ex and included him in the BK. (loans) (Which he is not happy about I'm sure). How does it work at the 341 meeting if he shows up? What questions is he allowed to ask? I do have a lawyer.
Also, prior to breaking up I had to get out of the abusive relationship and I agreed to pay him back if he let me keep our dog that was bought in BOTH of our names. (paper work has both names and various vet paperwork has mine only) This was prior to me filing. Can he use this against me? I have the dog now since we broke up in November. i know a dog is considered property.
I'm trying to get my life back together and be independent.
Any insight would be great!
Thank you all!!!
Makingitright,
Congratulations on taking the steps to get out of an abusive relationship and rebuild your life. Having to go throuh that ordeal and now bankruptcy, I know it must be hard on you. As an advocate against criminal domestic violence, if there anything I can do for you personally, please contact me.
With you 341 meeting, your ex can only ask questions for your debt with him, your ability to pay, and basically the questioning is limited to your debt. You should not worry because your lawyer will stop any questioning that strays off topic. Since you passed the means test, you should be fine.
Thank you Guyatthebeach.
How does it work with the BK in the 341 meeting if he says I could keep the dog (property) if I was to pay back the debts to him. ( Again this was said before I filed ).
Thank you!
It's going to dependent on how the lawsa are written in your state. Your lawyer is the best resource for that. If you lived in my state, the judge would tell him to hit the road.
@Anonymous wrote:Thank you Guyatthebeach.
How does it work with the BK in the 341 meeting if he says I could keep the dog (property) if I was to pay back the debts to him. ( Again this was said before I filed ).
Thank you!
Based on how you explained it - "Also, prior to breaking up I had to get out of the abusive relationship and I agreed to pay him back if he let me keep our dog that was bought in BOTH of our names" - it sounds like it was a verbal agreement, which is not enforcable. As Guyatthebeach explained, your ex can only ask questions about the debt and your ability to repay. How much did you pay for the dog? If he tries to press custody of the dog you might ask the Trustee permission to repay him half of the price you paid for the dog.
Thank you both for the reply:
To answer your question DaveinAZ:
I agreed to pay the other monies owed to him for me to keep the dog. (which are probably in few thousands). Also, it wasn't verbal... I was rushing to get out and I said it via text message so Im sure he has some proof.
We bought him together for around $500 a year and half ago.
Could I asked the Trustee (if he does show up) to pay for HALF of what the dog cost. It's like I used the dog as collateral for me to keep the dog if I paid him. Also, would this be asked at the 341 meeting or another time?
@Anonymous wrote:Thank you both for the reply:
To answer your question DaveinAZ:
I agreed to pay the other monies owed to him for me to keep the dog. (which are probably in few thousands). Also, it wasn't verbal... I was rushing to get out and I said it via text message so Im sure he has some proof.
We bought him together for around $500 a year and half ago.
Could I asked the Trustee (if he does show up) to pay for HALF of what the dog cost. It's like I used the dog as collateral for me to keep the dog if I paid him. Also, would this be asked at the 341 meeting or another time?
The 341 meeting is the only chance any creditor has to question you directly about any debt. Creditors can petition the court via written filings, but that is rare and usually limited to why they think a debt should be excluded. and that's usually for things like you charged large, unnecessary or "luxury" items or made cash advance within 90 days of filing.
Your ex really doesn't have anything to stand on. After all, you promised to repay all your other debts when you applied, signed loan docs, or agreed to the terms of a credit card. Hopefully your ex has realized it's time to move and won't even show up. If he does show up & brings up the dog & your text message, just explain to the Trustee that it was an abusive relationship and you sent the text message because you feared for your and/or the dog's safety. The offer to pay him half of what you two paid for the dog would be a last resort, unlikely to come to that. And a Trustee would be unlikely to approve it, because their job is to distribute any money they can obtain equally among all creditors.
@Anonymous wrote:Thank you both for the reply:
To answer your question DaveinAZ:
I agreed to pay the other monies owed to him for me to keep the dog. (which are probably in few thousands). Also, it wasn't verbal... I was rushing to get out and I said it via text message so Im sure he has some proof.
We bought him together for around $500 a year and half ago.
Could I asked the Trustee (if he does show up) to pay for HALF of what the dog cost. It's like I used the dog as collateral for me to keep the dog if I paid him. Also, would this be asked at the 341 meeting or another time?
I would talk to your lawyer about this. I think this is a non-issue with your upcoming 341. I would let your lawyer bring it up.
It would be best to let it be decided right there.
I personally think you will win this one.
Thank you EVERYBODY for your answers. You all are making this hard time easier for me to handle.
I do have another question..... or two.
I hear that at the 341 meeting they will ask me if I ever filed BK before.... (Which I have) I know I will have to say Yes, but will they ask me follow up questions like why you're filing again?
Also, I burned Capital One with Charge off credit cards in this 2nd BK. (First BK never burned Capital One). Do I have a chance of getting back with them again... Scores are currently around 480 all around. I hoping as stuff on my report is cleared up I will be able to start my rebuilding process.
Thanks again for all your help!
At my 341 meeting, there were several people filing second bankruptcies. They were all asked when the last one was. Only one of them got asked additional questions, but there were some seriously complicated things going on with the filing (it was across different states or something). In general, you just stood up, said yes and a date, and sat down. I was super nervous going into it, but I didn't have to be. The biggest thing I was worried about was seeing someone I recognized (we're a pretty small town). But, luckily, I didn't.
As for Cap1, YMMV, but my understanding is that they are the fastest bank to forgive you for burning them. There have been people that have burned them and then gotten approved again right after discharge. My DW got approved for a Venture with at 14k limit a year after discharge...she didn't burn them, though.