Should an attorney go with you to the 341?

[PaKettle]

I asked my attorney if he would be going with us to the 341 meeting, and he said "Well, I usually do if I have time, but if not you can pay $75 extra an hour and I'll have someone attend".

I said, "Well, isn't it a good idea to have an attorney there?" and he said "It's very unusual that one is needed, it's just you and the trustee and maybe a creditor or two asking you questions that only you can answer."

So what is the deal with having your attorney there? One attorney told me, when I was interviewing attorneys, "Make sure you get an attorney who will attend the Trustee meeting with you, whoever you choose!" Now, my attorney is making it sound like he probably won't be there and that he really isn't needed to be there.

Anyone here run into a situation where they wished their attorney had been there?

[arkienurse]

Well, 3 years ago at our meeting... Our lawyer was there. And if I remember right, almost everyone else had their lawyers there too. Why on earth would your lawyer leave you high and dry when you are already scared to death???? That really bites, Pa

[Granny]

At least you had a warning. My attorney was in the room at the 341, he had probably 15 clients there that day. But apparently, my case didn't warrant his personal attention, he sent in a pitch hitter in his place. I however, didn't know this was going to happen and was informed about it exactly 1 minute before I met the trustee. Talk about being rattled.

Personally, I would expect the attorney to be at my side on this most nerve racking day. I don't think I'd be too concerned about the creditors, but I would be concerned about the trustee, especially if there were any gray areas in my case file.

[HHM]

Generally, an attorney (or at least someone from the attorney's office) should attend the 341 meeting. However, depending on the size of the law firm, it may not be the same attorney you met with. If you use one of the national online services, the attorney will probably be someone you never met.

On the one hand, the attorney you hired is correct...there really isn't anything an attorney does at the 341 meeting. But in general, it's still odd that he would send no one.

[CindyLou]

I've never heard of an attorney charging extra, but he is correct in the fact that you probably won't need him, you'll be fine, but he "bites!"

[PaKettle]

Hmmm. Well I haven't hired him yet... But I was planning to. Maybe I should make this a make or break point and encourage him to agree to be there for me...?

He did say I could pay someone else to be there, but would he know my case? The more I think about this, and with you guys' comments, maybe I should insist he be there or I'll look for someone else... But this guy came recommended to me and is very experienced...

[JRScott]

I"d look around at a couple more Bankruptcy Attorneys. Even though really speaking in my particular filing the lawyer did nothing more than answer a couple of the Trustees questions about filling out the paperwork it was still comforting to know he and his paralegal where there.

I did see some other lawyers where the Trustee spent more time talking to them. Paperwork not right, amended schedules and things like that. So it might be handy to have one.

[guzzie]

knowing mine was there gave me peace of mind...of course that was part of his fee to be at that meeting with me.....good luck

[ARO96]

My attorney is at a small firm and he informed me he would be at the meeting, him not someone else. He's handled some cases of my hubby's fellow employees who filed, and they were happy with him. Real nice guy. Very down to earth and not critical at all. Very casual atmosphere at his office, everyone was so nice. Went in there feeling awful about fling, but he made me feel much better after we left. Better then the first attorney we met with, who was critical about me quitting work a year ago, even though she has no idea as to why I had to quit. Made me feel like it was my fault we were filing bk. Didn't like her at all. Our new attorney also blasted the first attorney we met with for saying what she said to me. So I'm happy with this new attorney.

I would definitely interview some others before you settle on this one.

[Minnymouth]

The kind of money they charge - they better be sitting there at the 341 meeting.....

Now that they have to sign off on your filing papers and can be held responsible for what is in them, they better be there to answer questions regarding anything they submitted to the Court....

My opinion.

[Cassiopeia]

The kind of money they charge - they better be sitting there at the 341 meeting.....

Now that they have to sign off on your filing papers and can be held responsible for what is in them, they better be there to answer questions regarding anything they submitted to the Court....

My opinion.

I totally agree with that!

And even just for moral support......my attorney was with me and it was great! He is such a wonderful guy, and I felt throughout that he was not just an attorney, but a supportive friend. I was very fortunate.

[qwertysue]

I've read several places where the attorney's presence at the 341is generally mandatory:

including here: http://www.usdoj.gov/ust/r12/Info/FAQ.htm

Q: Our attorney is tied up at another hearing.

A: If your attorney is not present at the time your 341 meeting is called, please let the trustee know you are present and that your attorney is not. Generally, the trustee will then "trail" your meeting until the end of that hour's calendar. If your attorney is not present when your case is called again, please present yourself to the trustee, and follow his or her instructions. Generally, if you are represented by counsel, your attorney must be present while you are examined by the trustee. If your attorney is not present for a court hearing, let the Judge know you are present when your case is called, and follow the Judge's instructions on what to do next.
*********

And here http://www.chapter7trustee.org/atty.htm :

Attendance at 341 Meeting of Creditors. All debtors and their attorneys are required to attend the 341 meeting of creditors. Under certain circumstances, the debtor may comply with this requirement by submitting interrogatories or by telephone (see below). If the attorney who signed the petition cannot attend, he should arrange for other counsel to appear on his behalf at the 341 meeting of creditors. It is a good idea to advise the clients that a different attorney may be attending so they understand why the original attorney is not present. If you wish to determine what other attorneys may be on the docket who may be able to stand in for you, contact the trustee's office. IMPORTANT: Effective 3/12/2003, no debtor may be excused from attending the 341 meeting under any circumstances. In cases where the debtor can not physically appear, a telephonic 341 meeting can be arranged, interrogatories provided, or the debtor may be represented if the appearing party has a power of attorney authorizing the person to appear on the debtor's behalf.

[demismom]

I asked my attorney if he would be going with us to the 341 meeting, and he said "Well, I usually do if I have time, but if not you can pay $75 extra an hour and I'll have someone attend".

I said, "Well, isn't it a good idea to have an attorney there?" and he said "It's very unusual that one is needed, it's just you and the trustee and maybe a creditor or two asking you questions that only you can answer."

So what is the deal with having your attorney there? One attorney told me, when I was interviewing attorneys, "Make sure you get an attorney who will attend the Trustee meeting with you, whoever you choose!" Now, my attorney is making it sound like he probably won't be there and that he really isn't needed to be there.

Anyone here run into a situation where they wished their attorney had been there?

Holy smokes - I'd have TOTALLY freaked if our attorney wasn't there. Actually, she wasn't, someone sat in for her, that we met 10 minutes before our meeting, but we knew this months before we filed. So, we were prepared. I'd be VERY unhappy, if I were you. BTW, the "substitute lawyer" was not an extra fee for us.

[freshstart06]

Find another attorney fast!!! this crazy, all the money they charge and he is suppose to be there. YOu need him to the end, if this is an example to what is to come I would run fast a I can, I mean fast. What if you have problems during and after the meeting, is he the type that will not answer your calls or charge you more money to talk to him after the meeting. This is the kind of lawyer all about money. some of you guys wonder why I went pro se, this is scary although I can understand more complex cases need attorney but you just have to find a really good one. Thankful, you have a sign.

Good luck to you

[PaKettle]

Dang, I thought - the way he had made it seem so unncecessary for him to be there - that his not being there might be no big deal. You all make it sound like he really should be there.

So I will call him and ask him about it and if he says he won't be there, then I have to go back to my search, which I was soooo glad was over (or so I thought) because I really was having trouble finding one I liked and that had a lot of experience. I found one I liked but he had only 2 years experience and does divorces too, so I was a bit wary of him.

I guess I'll start by asking this attorney again (I have not retained him yet, in case I did not make that clear) if he will be there for me at the 341. If not, or if he charges more than $75 extra, then I'll look for another guy.

Thanks for the feedback! This forum is great! I don't know what I'd do without it!