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My 341 and where is my attorney?

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    My 341 and where is my attorney?

    When I hired my attorney & paid up, he said he would be at the 341 ( I asked!). I was pleased with him, didn't feel any negative vibes. It was a very small firm, his name & associates.
    Next time I see him is for signing of the documents. It was obvious he wanted them signed quickly and for me to leave. He had his hand over the figures so I couldn't see them!! I asked him again if he will be at 341 & have a few minutes to discuss any concerns. He said yes. He handed me my creditor schedule & home value schedule. I know I should have demanded copies of all schedules at that time. I am such a wimp.
    A week before my 341 I received some paperwork from my case manager with a list of typical questions the trustee might ask and to review my schedules and be familar with the figures. I called my case manager, told her I didn't have copies of schedule J and I. She said I will get them at the 341.

    My 341 scheduled for 9:30am, arrived at 9am. It's 9:45 and the trustee is running behind schedule. I thought maybe my attorney knows this and will be here any minute. I made eye contact with each attorney thinking maybe one of these guys is here for me. None of them seemed to be looking for a client.
    Feeling sick with nerves, I stepped out and called the office. The receptionist said there was definitely someone there to represent me. She said he has silver gray hair and a suit on. Wow, that's a big help! I was po'd and hung up.
    My name was called as I walked back in. I immediately went up and sat down. Out of the corner of my eye, I could see this attorney shuffling his files around. Bingo! That must be him. Now what really peeved me is that I had watched this guy go from client to client, taking them out to discuss their case, and come back and sit down. He had time to find me, I sure as heck didn't know what firm he worked for.
    He came up and sat beside me. I would not make eye contact with him because I am the type that gets teary eyed when I am mad or upset about something. I didn't want tears! I already had my SS# & DL ready to give to the trustee. At this point that guy could go to ____ , well anywhere, too late to ask my questions now!
    The trustee's questions were basic:
    work address
    was I married,
    minor children
    stated my assests total and my liability total and asked me if this was correct.

    During the 341 the attorney? pushed a paper under my hands and handed me a pen, pointing where he wanted me to sign. I started to sign my name. The trustee said NO don't sign now! Then why was this attorney?? next to me pushing the paper and pen in my hands. I felt like a fool. Now the tears are welling up in my eyes. Had to get the kleenex out of purse. The trustee, being nice, said hang in there, we will make this easy for you. I had a really hard time hearing the trustee, actually understanding his words. That is the part about hearing loss, some people don't understand. It isn't about how loud you talk but go a little slower and enunciate the words. He said he would try to use his lips so I could lip read. I am not got at lip reading. I think the hearing problem helped shorten my 341.
    The trustee said he wanted my 2010 tax refund. No problem, I expected that. I signed 2 papers and the attorney handed me a file...with my schedules, finally!! Then we were done. I wished I could have conveyed to the trustee that I my tears were not concerning the 341 or him! I thanked the trustee and headed for my coat and the door. The attorney had to hurry out the door to catch up with me. I don't like confrontation, just peace & harmony. He is asking me if everything is alright? OK, that did it! My retort: I didn't think I had anyone here to represent me!! I watched you take people out and come back in for the last hour. Why didn't you find me before the meeting?? I had questions to ask!! I didn't even have all my schedules, etc....How was I supposed to know you??
    His wonderful excuse: well then you saw how busy I was with all these cases. With that I walked off!
    10/18/10 Admitted to self I can't continue to live off CC; 11/19/10 Filed Chapter 7, 341 scheduled 1/5/11

    #2
    oh..........my heart so goes out to you....shoot, i almost had to get out MY tissues just reading your plight...

    you should be proud, you did it...actually and almost alone....i'm so sorry for your experience...i know we had an excellent atty and unfortunately there are some "not so good" ones out there...

    but ....look up and forward...it's behind you and you did it!! hats off to you in spite of what you endured. personally, i would have lost it for sure!!! so, hats off to you!! and may your tax return come quick and this be all over for you ...asap!
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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      #3
      It is like the 341 hearing from H*LL! Glad you made it through. I bet you can smile now because you are on your way to being debt free
      My kids better not put my FICO score on my headstone~ (quote by dspii)

      Comment


        #4
        Yes, I am happy and can't wait to get my taxes done!! I got my W2 statement today! I will happily give the trustee 1 or 2 grand for the freedom from credit card debt!!
        10/18/10 Admitted to self I can't continue to live off CC; 11/19/10 Filed Chapter 7, 341 scheduled 1/5/11

        Comment


          #5
          Originally posted by janie View Post
          Yes, I am happy and can't wait to get my taxes done!! I got my W2 statement today! I will happily give the trustee 1 or 2 grand for the freedom from credit card debt!!
          yes, indeed, a small amount to pay to get rid of thousands...right???
          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

          Comment


            #6
            Originally posted by tobee43 View Post
            yes, indeed, a small amount to pay to get rid of thousands...right???
            Yes and I am looking forward to a new life....savings account, paying cash or debit. I don't even want to hear the words CC for a long time! Thanks for your support...just waiting for pacer update.
            10/18/10 Admitted to self I can't continue to live off CC; 11/19/10 Filed Chapter 7, 341 scheduled 1/5/11

            Comment


              #7
              Wow janie - your experience made my heart hurt. I am glad you made it through it! Best wishes for a speedy finish and your fresh start!
              ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
              Not an attorney - just an opinionated woman.

              Comment


                #8
                Originally posted by janie View Post


                Yes and I am looking forward to a new life....savings account, paying cash or debit. I don't even want to hear the words CC for a long time! Thanks for your support...just waiting for pacer update.
                it will come!!! it's just a nice feeling to get that "fresh" beginning...and it's right around the corner for you..
                8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                Comment


                  #9
                  janie--I'm so sorry you had to go through that. It's a great feeling to have your 341 behind you--so congrats on putting it behind you and joining the 60 day club. It should be smooth sailing from now on.
                  Filed Ch. 7 on 9/30/10---341 11/12/10---Report of No Distribution 11/16/10

                  Discharged 1/21/11 Closed 1/26/11

                  Comment


                    #10
                    Hey janie, I had a somewhat similar experience. Needed to amend my schedules before the 341 but my attorney was unresponsive. Sent a junior associate to the 341. When the trustee asked if everything in my schedules was correct I said no. He asked why and I said, "My attorney was not taking my calls or responding to my emails and I have no idea who this guy is." The look the trustee gave this poor junior associate I'd never seen could have melted steel. The poor kid wanted to crawl under the table. Anyway I explained what we needed to change and the trustee siad, "fine, just file the amendments ASAP". Got the trustees abandonment on PACER that afternoon and the discharge/close came on day 61/62.

                    I really wish trustees could sanction these attorneys that pull such shenanigans, but I fear there is too much conflict of interest with attorneys and trustees, since they often switch chairs.
                    Case Closed > 2/08/2010

                    Comment


                      #11
                      I really appreciate everyone's comments & encouragement here!! Thank you for reading my long post. Your responses mean a lot to me. I am off to take my Dave Ramsey course online.
                      I am sure it will be a good learning experience. My paperwork says it will take around 2 hours!! Thanks again!!
                      10/18/10 Admitted to self I can't continue to live off CC; 11/19/10 Filed Chapter 7, 341 scheduled 1/5/11

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