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What If i need to reschedule??

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    What If i need to reschedule??

    My 341 meeting is scheduled exactly one week after my due date (as in baby).

    I currently plan on keeping the date and hoping the baby comes early or on time, even a day or two late and I could most likely go if I don't have to get a c-section, or if the baby is very late it's possible I could go as well. Basically its up in the air when I will be in the hospital/incapacitated. I plan on only calling the trustee to ask for a new date if I absolutely have to do so, but that wouldn't necessarily give them a lot of notice.

    Any advice on this?
    Has anyone successfully rescheduled? If so, what was involved and how much notice did you give your trustee?

    #2
    ^ Forgot to mention, the location is over an hour away.

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      #3
      If you generally have a really good reason (medical, military duty, jury duty), you can get it postponed. Did you file through an attorney? If you did file with an attorney, you should not be calling the Trustee. You should be speaking with your attorney.

      Otherwise, you could ask for a postponement, but I don't know what that would entail.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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        #4
        My husband was in an auto accident on the morning of his 341 and spent the day in the trauma center of an ER. The meeting was rescheduled for a month later, no questions asked or proof to be provided. They just rescheduled it like it was nothing, through his attorney. The new date was on PACER by that evening.

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          #5
          You need a "good" and "true" reason. Having a baby, good reason.

          Honestly, most trustees will give you 1 postponement if the reason is good. But if the reason is not so good, some trustees will move to dismiss and force you to go to court and explain why you missed the meeting to the judge and beg for a new one.

          So, having a baby, getting in a car accident, not a problem. But a scheduling conflict over which you have some control, not a good reason. After all, you have 30+ days notice of the date. So things like Doctors appointments, job interviews, etc, not so good.

          Comment


            #6
            I have attended a couple of meeting sessions, where a debtor or two were postponed to the following month. However, I have also witnessed the same trustee dismiss cases, that had been postponed more than the one month.

            So, if you are expecting a problem, petition the court through your attorney to postpone the 341 one month. There certainly will be no objection to the fact that you are about to welcome a new family member. Now, with that said, I would prefer to get the 341 behind me ASAP. But that is my preference. You should have no problem at all.

            My very best to you and your new family member!
            "To go bravely forward is to invite a miracle."

            "Worry is the darkroom where negatives are formed."

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