What shall I expect at 341 : (1) my case dismissed (2) my case not confirmed (3) my case converted to Chapter7 (4) something else. I received a Notice about my "projected earnings" for the 341 meeting. I am very nervous and any help would be appreciated. I am a single women.
You need to get yourself an attorney. Chapter 13 cases are extremely complicated and most Chapter 13 cases filed by pro se debtors end up getting dismissed. At the very least, you need to consult with an attorney to find out whether converting to a Chapter 7 would be appropriate; if you have unprotected assets, or are repaying mortgage arrears, you might need to look into alternative sources of income, such as help from relatives, in order to fund the Chapter 13 plan rather than convert to Chapter 7, but only an attorney who carefully analyzes your entire situation can advise you on the best way to proceed. You will need to inform the trustee of your changed financial situation and ask for some time to consult with an attorney to figure out how to proceed.
Much of what happens will depend on what you choose to do next, the reason for filing C13 v C7, what alt options you may have for funding your case, any new income and your employment prospects, and more.
If you're not working with a lawyer, and if you plan to try to stay in your Chapter 13, then you need to consult with a lawyer (and possibly finance the legal fees thru your chapter 13 plan).
Your case could result in any of the 4 outcomes you have listed. I agree with the other lawyers who advise you to consult with a BK lawyer ASAP. Click on the tab "Find a Lawyer". Many offer free or low cost consultations. Good luck and remember BK is not a DIY project.
It would have been useful had you stated why you are in a chapter 13. Generally, when someone files a chapter 13 it is because they wish to accomplish a goal by making monthly payments through the trustee for up to five years. Without the money to accomplish whatever your goal is, it is bound to fail unless you can structure a "Plan B." Hope this perspective helps!
None of these things would happen at the 341 meeting, since the meeting is with the Trustee and not the judge.
Dismissal would only happen if the judge dismisses the case. The Trustee will file objections, since your plan is not not feasible.
You'll either have to re-work your plan using alternate income sources or, more likely, file a conversion to Chapter 7.
I agree with my colleagues who state that you will not be required to make a decision right there at your 341 meeting. You should, in the interim and asap, get a lawyer to explain to you the conseqences of your alternatives (converting to 7, dismissing the case then filing 7, dismissing the case and filing 13 later, etc)
Since I am not licensed in California, but practice primarily in Colorado, I cannot predict what your trustee would do there. Here, the chapter 13 trustees are very friendly and willing to help you through the process. But for sure, there are many deadlines that you have to comply with to get your case confirmed. The good news is that you can dismiss your 13 at anytime if you get in over your head. I would not convert your case to a 7, without discussing matters with a competent chapter 7 lawyer. As for the 341 meeting, I suggest to you and all my clients that you arrive at your hearing very early and listen to the questions that are asked of the debtors before you. Generally, there are several people on the docket, so you can learn by listening to those who go before you. I hope this helps. Good luck.
What was the reason for filing a chapter 13 bankruptcy? Did you make too much money in the prior 6 months before you filed and you didn't qualify for a chapter 7? Do you have mortgage arrears, or missed car payments you need to catch up on? Were you trying to get rid of a wholly unsecured second loan on real property? Is there equity in your property, or do you own a lot of assets you could not otherwise exempt and protect in a chapter 7? I do not mean to overwhelm you with questions but these are the kinds of questions that any attorney you consult with will ask in order to be able to give you advice on what the next step should be. If you filed for chapter 13 because you made too much money in the prior 6 months and had disposable income to contribute towards a repayment plan, then you could convert to a chapter 7. However, if the reason for filing a chapter 13 was because you could not exempt your vehicles, or all the equity in your home, then converting to a chapter 7 may not be the best option for you. Similarly, if you are in foreclosure because you are behind on your mortgage payments, if you want to keep the home then you need to stay in a chapter 13 and repay the debt(s) over the course of 3 or 5 years (depending on your income or considering the amount of debt).
There are so many variables, however, all is not lost.
If you anticipate a job or anything that will help you through these tough times (family contribution), you can amend the plan. If you believe the situation is temporary but you truly have no idea when the next income source will come in, then you can evaluate dismissing the instant case and re-file when you anticipate earnings to be more optimistic.
In the latter situation, if it is a Chapter 13 to save a home or car, be careful of deadlines and make sure you time the dismissal and re-filing in enough time to ensure the automatic stay preserves your right to the property.
Best thing ---speak to an attorney to appropriately guide you through the variables...but certainly all is not lost! Chapter 13 i out there for the Debtors who merely hit a bump in the road.
Good luck!