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attorney on vacation

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Anonymous
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attorney on vacation

So my 341 meeting is set for Tuesday and my attorney tells me on Friday he will be out of town and is sending someone else from his office.  So already stressed out enough about this and now someone else will be there who I have never spoke with.  My BK7 is a no assest case so I don't know how much it matters who is there with me but my stress level has gone up extremly since he told me this.  Sorry just venting.

Message 1 of 7
6 REPLIES 6
Anonymous
Not applicable

Re: attorney on vacation

I can understand the stress!  Our 341 Meeting is Weds. and a completely new attorney will be meeting us there as our Attorney rotates with six other attorneys to go to court.  We at least have a name and picture to know who to look out for....joy.  I am taking every single piece of paper I ever forwarded to our Attorney (he runs a paperless office) just as back up so if the Trustee needs anything, we will have it on hand.  

 

Fingers crossed that your Meeting is smooth and you can look back in a few months and this was the only stressful part of the process! 

Message 2 of 7
Anonymous
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Re: attorney on vacation

I just had my 341 on Thursday.  It was uneventful. If your paperwork is in order you don't have anything to worry about. I was really nervous also, but thank goodness I had a great attorney.  But really in my experience the 341 was actually anti-climatic.  I was told not to fret about it , but I did anyway.  I now I know it was a waste of time.  My experience was that it was a pretty informal proceeding.  Yes they swear you in, and it is very serious.... but it is such a short proceeding (the majority of the time) that you will be in and out before you know it.  I can tell you to get there alittle early and see how the trustee handles their cases.  That helped me a lot.  Take a breath and keep it simple and you will be fine.

Message 3 of 7
Taoron
Frequent Contributor

Re: attorney on vacation

The trustee's questions will vary depending on the local rules of your bankruptcy court and the trustee's own custom. Typical topics of questioning include:

  • why you are filing bankruptcy
  • whether you have listed all your property in your schedules and whether you have listed accurate values
  • whether you have repaid any of your creditors within the three months prior to your bankruptcy
  • whether you have repaid any relatives or close friends in the last year
  • whether you have sold or given away any property or transferred any money in the past several years
  • whether you own or have ever owned a business
  • how you determined the value of your property listed in your paperwork
  • whether your income is accurate in your schedules and on your means test
  • whether you have dependents
  • whether you are married, divorced, separated, or single
  • whether you owe child support, alimony, or any other domestic support, and
  • whether your monthly expenses are necessary and reasonable.

Mine only lasted about 3-5 minutes.  I also had a non-asset case and it was pretty quick and painless.  I think you will be okay.  Just arrive early.  The courthouse I went to, people sat in the hallway and were called in one at a time to a desk where the trustee was on the other side.  There was my lawyer and another lawyer there.  (I believe he said she was an associate observing it.)  

 

The only stressful part about it is waiting 2 months for the discharge! Smiley Wink



Message 4 of 7
ezdriver
Senior Contributor

Re: attorney on vacation


@Anonymous wrote:

So my 341 meeting is set for Tuesday and my attorney tells me on Friday he will be out of town and is sending someone else from his office.  So already stressed out enough about this and now someone else will be there who I have never spoke with.  My BK7 is a no assest case so I don't know how much it matters who is there with me but my stress level has gone up extremly since he told me this.  Sorry just venting.


Its no big deal. Not worth stressing over. Most of the proceeding will be between YOU and the trustee. It really does not matter who is representing your attorney's office.

 

 

Message 5 of 7
Anonymous
Not applicable

Re: attorney on vacation

As others said, relax, it's nothing to worry about. In a no-asset case 95+% of your attorney's work is in preparing the petition and dealing with any questions the trustee has. Basically nothing happens in a 341 case unless your attorney made an egregious mistake in the previously filed papers (I read about one guy who went to a 341 and the trustee dismissed the case because the guy had filed for bankruptcy 4 years ago. How the attorney missed that, I have no idea). Barring that, you're going to answer generic questions from the trustee, no creditors are likely to show up, and you'll be out in just a few minutes.

Message 6 of 7
Anonymous
Not applicable

Re: attorney on vacation

Thanks everyone.  It went pretty well was about 10 minutes.  My attorney needs to update a couple of things but the trustee just told them to electronically send it so I don't think it was a big deal.

Message 7 of 7
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