341 Today

[lavega21]

Wife and I had our 341 meeting today, we were the third case to be called. We went after a case that was a little complicated with so many things pending and trustee asking lots of questions.

Our attorney did not show up, trustee asked us if we wanted to continue without him, we said yes, he asked like 5 questions like, name, address, work info and if we had signed and understood the petition, we said yes. After we were called we were there for less then 2 minutes , now we wait 12/02/2011.

[justbroke]

Welcome to Club Sixty!

[jetsfan2010]

congrats and sorry your lawyer did not show

[keepsmiling]

I totally don't get what's with these lawyers. My dh is one and would NEVER just not show up.
Anyhoo, glad it went smoothly and wishing you a quiet 60 days.

[justbroke]

I would actually ask the Attorney to return some of his/her fee. The 341 Meeting is the ONLY "hearing" or "meeting" event that the typical Chapter 7 attorney needs to show up for! It's actually in their "cost case" to spend 1 hour (or more) at the meeting. I don't believe the attorney earned his fee today.

Just a thought.

[ValleYum]

I wonder what on earth an attorney's excuse could be for not showing up?!?!?

[justbroke]

I wonder what on earth an attorney's excuse could be for not showing up?!?!?

Traffic?

(There is no excuse to at least not send another attorney from the office... or call.)

[feelingnutsy]

Does the court take note of such absences?

[justbroke]

Does the court take note of such absences?

The 341 Meeting is not the court. However, the Trustee "notices" this, but unless the debtor pushes the issue... no one probably cares. There are probably a few Trustees that keep the attorneys in line but "substitute" attorneys is quite common. For an attorney to not even show at the most important point of a bankruptcy filing (in a Chapter 7), is just unprofessional. Unless, of course, the attorney was in a serious accident or died -- which has happened.

Personally, I'd place a call to the attorney and ask him/her why they should not return a portion of their fee, since it was unearned. I suppose that if this were brought to the Judge (the court), the Judge may be inclined to disgorge the unearned portion of the fees. No attorney wants to be spanked -- sanctioned or otherwise -- in session.

[IamOld]

lavega21 - CONGRATULATIONS!!!!!!!!

[Freddy03]

Congrats on a smooth 341! Good job also with out having your attorney there! I agree with Justbroke - I would ask for some $$ back!