What happens if you can't make the 341

[indebt00]

We are a bit worried about my DH's work travel....what happens if he is supposed to be out of town on the date of 341?? I realize the importance and therefor am a bit worried.
I am already worried about missing any work....long story there. I guess if we know ahead of time it would help...but whats he going to do...tell his work "sorry I have this meeting" a yeah.

but anyway just curious....

[justbroke]

There is no "sorry" for missing the 341 Meeting. Your case would be dismissed. However, you may be able to reschedule it. All debtor's in the case are required to attend the 341 Meeting (at the same time). You can't just put it off. The reason is that there are portions of the Petition that must be attested to under oath (which is the real purpose of the 341 Meeting), and the only way to do that is to get you in the 341 Meeting. Generally, a Debtor has no other appearance to make before the Court, so it's usually the only time a creditor can also ask you questions while you are under oath.

DH is going to have to re-arrange his work in order to attend. I don't think you can reschedule the 341 Meeting more than once due to conflicts. (This is probably governed by local rules.)

Generally though, you'll have about 30 days notice of the 341 Meeting.

[AngelinaCat]

Justbroke is right. You do NOT miss your 341 for any reason. You will have enough advance notice to make arrangements.

[indebt00]

I understand what you guys are saying and I know we can't "miss" it. thats not really what I am asking...

my DH's work schedules out of town trips ahead of time...air,hotel, car...etc. money is spent. So we already know some dates he is going....and are trying to avoid having our 341 during those dates (by adjusting our filing date) BUT.............BUT.......

in the case a trip is booked and its our 341 date...his job is not going to allow him to just not go or change the trip....you know? so.....then what if there is conflict....THAT is what I am worried about.

so you can postpone once? that would make me have some stress relief. Its not a choice...and I am not sure who some work for but his employer is not going to accept any reason for not going....kapeesh?

[indebt00]

Justbroke is right. You do NOT miss your 341 for any reason. You will have enough advance notice to make arrangements.

I know we find out the date in advance...was just worried it would fall during a business trip...thats all

thanks for the help everyone.

[justbroke]

so you can postpone once? that would make me have some stress relief. Its not a choice...and I am not sure who some work for but his employer is not going to accept any reason for not going....kapeesh?

That would depend on your lawyer and how good they are with the Trustee. However, this is Court for all intents and purposes. You arrange your life around the Court dates... not the other way around. Moving a 341 Meeting takes extraordinary circumstances. Conflict with work schedule is not one of them.

So, it may come down to... keep the job and get case dismissed. Or, attend 341 Meeting, and maybe lose his job. Tell the employer you have a Court hearing that you can't move. People have these all the time (traffic court, family court, other non-criminal courts). Okay, not all people have these all the time, but people are subjected to them.

[AngelinaCat]

I know we find out the date in advance...was just worried it would fall during a business trip...thats all

thanks for the help everyone.

Is there any way you can find our your DH's schedule for a period of time, say three months ahead? I know you are trying to adjust your filing date, but are you saying that while the MAJOR dates are set in stone, there is some interim *wriggle-room* dates that might adjust themselves differently from what you are expecting on the MAJOR Schedule?

Is that right? If so, I suggest calling the clerk of the BK Court that you will be filing in, and explain the situation to him or her, and see what they suggest.

The Clerks in the BK Courts around the country are the ‘Front Liners’ and will have dealt with these type of questions. Also, they are savvy on the local rules and quirks of their particular districts and trustees and can advise of same.

If you have a lawyer, DO NOT TELL them, otherwise they will shut their mouths and politely dismiss you, as they rightly should, as non-lawyers of any type, including this forum, are not allowed to dispense legal opinions.

Good luck to you. I hope this helps.

[justbroke]

I'll add to what AngelinaCat wrote. It is true the Clerk controls the calendar. It's interesting that a 341 Meeting once it's been scheduled and notice sent out. However, you may be able to affect the scheduling! Asking your lawyer to work with the Clerk around your dates, may work.

The reason why 341 Meetings aren't rescheduled easily, is because all your creditors get notice... including some governmental creditors (IRS, State Revenue Department, County, City, etc).

[AngelinaCat]

And I will add to what Justbroke said. Yes, all of your creditors get the notice of your 341 and they have THEIR schedules to plan.

However, it is RARE, although it HAS happened--be aware of that--that any of your creditors will show.

Good luck!

[Flamingo]

I know we find out the date in advance...was just worried it would fall during a business trip...thats all

thanks for the help everyone.

That date when received cannot be changed unless it is a true emergency on anyone's part. Because the date may fall during the time of a business trip means nothing to the court - you adjust your schedule to fit the court's needs, not otherwise. When you receive your notice of the hearing, a lot of that verbiage will be in there and you will also be advised of the same by your attorney. I was scheduled to start a new job on the day of ours and I had to postpone it to the next day (starting the job). Thankfully my new employer did not have any problem with that. If it falls during your hubby's business trip schedule, your hubby will have to work with his employer to adjust that schedule and to tell his employer that he has a court date and cannot travel at that time and he may have to show the paperwork to prove it. Now if he might get fired if he doesn't travel, that is something you will have to advise your attorney.

[indebt00]

thanks for all the tips everyone. We are purposely filing at the end this month to avoid some trips that fall in July....that way our 341 will be in Aug. and we should be safe.

we talked to the lawyer to work that out and your ideas of other court issues were good if it comes up at my work...

I work at such a small co that everyone knows whats going on in your life and if I said it was a dr appt...they would say change it...but the court thing is GOOD !!

thanks for the input...as always...very appreciated

[TetonWolf]

I'm sorry folks but the courts are simply not that Draconian. They are not looking for reasons to dismiss your 13. My 341 notice clearly states that I must call them some number of days in advance to reschedule. Certainly they want a good reason and the threat of losing your job is one of them. After all a 13 is also called a "Wage Earner's" plan so what good is it to the trustee and the creditors for you to become a non-earner. THEY ARE NOT OUT TO GET YOU.

[justbroke]

I'm sorry folks but the courts are simply not that Draconian. They are not looking for reasons to dismiss your 13. My 341 notice clearly states that I must call them some number of days in advance to reschedule. Certainly they want a good reason and the threat of losing your job is one of them. After all a 13 is also called a "Wage Earner's" plan so what good is it to the trustee and the creditors for you to become a non-earner. THEY ARE NOT OUT TO GET YOU.

Suffice it to say that this varies by District. My "Notice of Chapter 13 Bankruptcy Case, Meeting of Creditors, & Deadlines" does not have any language for rescheduling or calling anyone. It only contains language that you must attend.

In any event, working through your attorney and with the Clerk's and Trustee's office is the best thing to do.

Remember, a Bankruptcy is not a right. While they are not out to get anyone -- well some of them are -- they are also not there to waste the Court's time. That's why they dismiss quite readily in most Districts for... missing the 341 Meeting without a really good excuse.

[TetonWolf]

Luckily, our local trustee is a sweetheart who really appears to give a hoot whether you successfully complete your plan. Our plan hasn't been confirmed yet but it's almost too good to be true. It's hard to believe that there are meanies out there who want to hammer you.

You're correct that BK is not a constitutional right but it was put in the law way back in the early days of our democracy to cut citizens some slack. So it's not a favor either. I personally have no qualms about filing...it is a godsend which is going to save my bacon. The alternatives are too horrible to contemplate.

[justbroke]

Luckily, our local trustee is a sweetheart who really appears to give a hoot whether you successfully complete your plan. Our plan hasn't been confirmed yet but it's almost too good to be true. It's hard to believe that there are meanies out there who want to hammer you.

I actually have a nice Chapter 13 Trustee. I have heard and read that other Chapter 13 Trustees are not as nice.