Problem at 341 meeting..

[Anonymous]

Hi everyone,

First post here. So I had about 25k of unsecured debt and sought a lawyer back in December and we decided ch.7

I did all the correct steps required by the firm and courts. All the documents , tax papers. Bk courses Etc etc. All within a a few months of my 341 meeting yesterday. 

I went with a well respected law firm. So the trustee calls my attorney in with me. She goes so... why dont you file taxes?! Right away my heart dropped. For some reason I brought all of the paperwork the firm said I did t need with me... handed her 2017 and 2018 tax returns. Turns out the legal assistant at the firm uploaded all of my required documents to another case file. The trustee said to my attorney you have 5 days to get me this paperwork. She said my case will be pushed back a month. After the meeting my attorney of course apologized and said the secretary had been going through health issues. Blah blah.

I get home and the owner of the firm called me and apologized and said they already uploaded the required documents and that I should not have to appear in court again.

I paid this firm 2k including the filing fee and here I am, a day after my "fresh start" and I'm more stressed than before.

Tldr: law firm messed up documents , trustee said they have 5 days to get them to her. Has anyone had missing documents during a 341 case and it turned out okay?

[Azuieldrago]

I wouldn't sweat it too bad. Check PACER and see if those documents were added. Once they are, its fine. Things happen at 341s. Everything thing from the Trustee grilling people, creditors showing up, missing documents, even the US Trustee jumping into your case. As long as you listed everything and its factual, you will be fine. 

[Azuieldrago]

I had a creditor show up at my 341 and threaten wage garnishment. Trustee and my lawyer said not gonna happen. Now they are still trying to collect. We will see next month if they got the hint this time. Mine was a utility provider. Than I answered honestly to how a question was given but they meant in addition to. Both my lawyer and Trustee's jaws dropped on that what. Got it sorted out right there. All was fine. Got my discharge. Just make sure those docs were uploaded and you will be smooth sailing. Since you brought your tax forms anyways and the trustee saw them, now all she needs to do is verify the info once loaded. Again, you will be fine. Also, your "fresh start" really isn't until your discharge as your creditors have 60 days from your 341. Odds are, it will be smooth sailing and in no time, we will be congradulating you here for your discharge. 

[Anonymous]

Thanks for your reply and reassurance!

How do I check pacer??

[Anonymous]

Thanks for the reply, fingers crossed 👍

[Harriet]

I didn't t have missing paperwork but they requested another statement. I sent it the same day. Thought I was done. Two weeks past discharge lawyer office called and asked for the statement.  I told them I sent it that day and sent another.  Two weeks later my case was closed.  That's when I learned discharge doesn't mean it's over. 

That was my only hiccup and it worked out fine. 

I wouldn't worry about it. I'm sure the lady got in trouble and people do make mistakes.  Unfortunately this whole process is stressful which makes everything more elevated.  

[Azuieldrago]

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@Anonymous wrote:

Thanks for your reply and reassurance!

How do I check pacer??

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https://pcl.uscourts.gov/

Its free to sign up. But you do have to put card info in. They do charge by the page but I've literally been on there daily several times looking at everything and never hit the limit that they give before they start charging. I think its like $15. Heard it was also $30. Either way, a quick view through everything to ensure accuracy and uploaded. Mixed with every few days to check status, you will never hit that mark. 

[Anonymous]

Ugh I'm sorry for the extra stress but try not to worry! I had my 341 yesterday and since the trustee was behind, I saw the 12 hearings in front of mine and 10 people ahead of me go. But several people having their hearings were missing stuff and they were told to turn it in before the 26th of Feb. He also had hearings for people who had to be continued from the week prior for missing docs. Those ones didn't appear and the trustee just spoke into the recording that they had submitted everything. 

not sure why this should delay you a month though... maybe your trustee only does hearings once or twice per month?

[Anonymous]

Cool, thanks everyone!

[Anonymous]

Yes, and my law firm warned me how difficult she is. That's what you wanna hear before your meeting!!

I'll keep everyone updated as well as my repair!