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    communication prior to 341...

    We have our 341 on Thursday. Have not talked to the attorney really through this entire process, except once in the very beginning...now we're always dealing with his legal assistant. is this normal?
    Do most people hear from their attorney prior to the 341 to let them know what to expect? I have an idea of what to expect, but only because of this forum.

    I'm not terribly impressed with my attorney so far. He came highly recommended.

    #2
    I saw the attorney at the initial consultation then once more, but briefly; all other communications are with his BK assistant...I would imagine it has to be that way for most attorneys, much more efficient. She didn't offer a lot of information but would answer specific questions, concerns. Good luck on Thursday, but it really shouldn't be too much of a problem...pretty cut and dried.
    04/04/08 filed Ch. 13
    5/08/08 341 hearing
    6/12/08 Confirmed

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      #3
      I guess I'm lucky. I talk to and see my attorney of record, every day. I'm a pro se filer... (Second thought... did I just post that I talk to myself???)

      I would suspect that most firms do it the same exact way as described here. Attorneys are very busy people, and it's equivalent of actually "seeing" your doctor. I haven't seen my doctor in 12 months. I see her assistant (PA) more often. Sometimes, I see one of the Nurses on routine matters.
      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
        I know its frustrating! We met with our lawyer a few times before retaining him and then mostly the communication was through his secretaries which would get pretty frustrating. But he also was not there for our signing bec he was too busy. Now supposedly we are supposed to meet a little before the 341 so I hope he doesn't cancel that too because hes too busy that would make me mad.I have heard many people complain about the same situation maybe its just how most bk lawyers operate?
        Filed-10/2008
        341-12/10/2008
        Discharged-3/17/2009

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          #5
          Many law firms go by the same procedures whether the matter is a BK or another matter. In BK's, you have your initial appointment where you retain your attorney after having possibly had a free initial consultation with that attorney and with others. At that appointment you retain the attorney, make a payment toward the fees and are given papers to fill out and return and given another appointment. At the second appointment those papers are gone over and the next step is for the attorney to file the papers after you review them and sign them. From that point on you are usually advised to contact the office if you have any questions and to ask for the attorney's paralegal or assistant (they will provide names/phone numbers). Attorneys are hard to catch in the office so when you call they may not be there or with other clients. I hardly spoke with our attorney but communicated at various times with questions via the paralegal who would ask the attorney if she could not answer my questions and eitiher the attorney or the paralegal would get back to us. Emails were also frequently answered the same way. I work in a law firm; they are busy places and attorneys have hectic schedules between meetings, depositions, court, outside appointments, other clients, etc., etc. It's a typical busy business so it can be hard to get the attorney directly. If you have a very popular attorney it can be very bad at times and you may have to wait for replies even from his/her staff.

          Remember, a paralegal or legal assistant cannot give you legal advice. They can give you information or updates as to your case but if your question is law specific, they will consult with the attorney and get back to you.
          _________________________________________
          Filed 5 Year Chapter 13: April 2002
          Early Buy-Out: April 2006
          Discharge: August 2006

          "A credit card is a snake in your pocket"

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            #6
            My lawyer didn't even show up to my 341, sent another attorney from the same firm instead. Actually met with lawyer 3 times, each time was a different one. One for the preliminary consult who took my retainer fee, one for the paperwork (her name is the one named as my attorney of record) and one for the 341. I'm going to probably have to contact them soon to see about modifying our plan, not sure who we'll work with then, it's a big BK mill. But so far despite the multiple people we've dealt with, it's worked out ok so far, knocking on wood!
            Filed CH 13 September 17, 2007
            Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

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              #7
              ah we are filing chapter 7 but think we might be forced into a 13 as we have a little money, very little at the end of the month. I see you are paying almost 5000 a month??? ok now i am scared????

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