We are going out of town next month and I just got my paperwork for our 341 meeting. Of course the date is when we out of town! Is it impossible to reschedule?
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You'll have to reschedule your trip to be in Court the day of your 341.
http://www.usdoj.gov/ust/r12/Info/FAQ.htm#16
341 MEETING OF CREDITORS
Q: What exactly is a "341 Meeting of Creditors"?
A: An 11 U.S.C. 341(a) Meeting of Creditors (aka 341 meeting), provides a forum for creditors and parties-in-interest to ask the debtor questions under oath about the debtor's financial affairs.
Q: Do I have to appear at the 341 meeting (asked by both debtors and creditors)?
A: Debtors MUST appear at the meeting; creditors may appear, but it's not mandatory.
Q: I cannot make it to the 341 meeting on that day and at that time. What do I do?
A: Debtors must appear at the meeting or their case may be dismissed.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen... -
Talk to the trustee or your lawyer to see if it's possible to continue your 341. Some trustees are pretty lax about it, while others aren't. It doesn't hurt to ask, though, provided that you're out of town for an understandable reason (e.g. business, family) and not for luxurious vacation purposes.DISCLAIMER: I am not an attorney. My posts are not legal advice. They are for information only. Please feel free to use them in an academic sense, as I simply wish to share with you what I have learned/researched.Comment
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I called my lawyer and was told to fax a letter stating why I can't be there. She did tell me they probably wouldn't dismiss after missing the first meeting. It's not an emergancy, but a prepaid trip (an unoffical family reunions). I can't reschedule it. I would just lose my money.Originally posted by bige1030 View PostComment
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The key word here is "probably". I understand you may loose money, but you could also have your case dismissed. If it is not an emergency you really should be there. Don't play with fire! Worst case, leave later or early to assure you are at your 341 meeting. If you do not go and your case is dismissed, you will have noone to blame but yourself.Originally posted by momto4 View PostThanks,
GaCreditGuy
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BK7 Filed : 01/29/2006
341 Completed : 03/06/2006
Deadline For Objections: 05/05/2006
Discharged : 06/30/2006
Case Closed : 06/30/2006Comment
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It doesn't hurt to ASK, but in the end if you find you have to be there, don't miss it. you worked too hard to come this far, don't blow it. if your case gets dismissed than you would have to wait so many months to file again, and more money than you've already spent to start the Bk to begin with.
Best Wishes, CatchmeifyoucanJuly 2006: Filed Ch13 :blink:
Oct 2006: Converted to Ch7 :clapping:
Jan 2007: DISCHARGED :clapping:
Nov 2007: CLOSED :yahoo::yahoo::yahoo:Comment
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Okay, I have been hearing that it will most likely be rescheduled but not to chance it. So, we decided to still go out of town but drive home that day for the meeting and go back. But there lies another problem. We don't know many people where we live. My 3 little ones are out of school that week and the two families that we do know here are both out of town as well so we have no one to watch them, both hubby and I both have to attend the meeting right? Gosh, I know bankruptcy means you are desparate but aren't you still entitled to have conflicts in schedule?!
I have a call in to my lawyers to explain everything but I feel corny saying "I don't have a babysitter". I am looking for a drop in service but they are expensive for 3 kids!!!Comment
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Cant you bring your kids with you to the meeting? I havent heard of any law against it. They can wait in the lobby? The meeting really doesn't last that long!
Best, CMIYCJuly 2006: Filed Ch13 :blink:
Oct 2006: Converted to Ch7 :clapping:
Jan 2007: DISCHARGED :clapping:
Nov 2007: CLOSED :yahoo::yahoo::yahoo:Comment
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I thought about this but the oldest is 6. That courthouse would never be the same!!!!Originally posted by CATCHMEIFYOUCAN View PostComment
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If you absolutely can't find an option - Others have taken their kids to their 341 meetings. One of you wait in the lobby with the kids until right before your case is called. Then settle them in the front row where you can see them with snacks, books, or quit toys. Prepare them ahead of time by explaining that they need to be very quite and behave until you are done. Explain it won't take long and bribe them with promisses of a treat afterwards. Just hold the baby. And then pray for good behavior.
The 341 should only take a 5-10 minutes.
Your lawyer I'm sure has lived in town longer. He may have a few suggestions for a babysitter for an hour.
Could you leave the kids with a relative at the family reunion? That way you wouldn't have to deal with the car ride and quick trip home with the kids in the car.Last edited by JollyGG; 03-15-2007, 08:08 AM.Filed: 10/26/2006
Discharged: 03/05/2007
Closed: 5/19/2008 - Asset case due to balance transfer and income tax refundComment
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I thought about it but it's a lot to ask so we are just planning to leave early while they still sleep and go home until the meeting. Thank god, for portable dvd players. I think the idea of having them sit and wait will work. I didn't know if children were allowed.Originally posted by JollyGG View PostComment
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