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    Trustee a no show at 341 meeting

    We went to the 341 meeting last week and the trustee never showed up. We are over the median, but have high secured debts. Is it a good sign the trustee doesn't show up at the meeting or does it really matter?

    #2
    Originally posted by jlasky View Post
    We went to the 341 meeting last week and the trustee never showed up. We are over the median, but have high secured debts. Is it a good sign the trustee doesn't show up at the meeting or does it really matter?
    This is amazing to me.
    How can there BE a meeting, without the Trustee?
    Aren't they just going to reschedule it?
    <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
    FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

    Comment


      #3
      ?????? did they send you noticed that they rescheduled???? check pacer and see what is going on or call the courts. My husband alone was over the median and we are now awaiting closing so I would not worry too much about over the median unless you eithe failed the means test, have disposable income in schedule j, or have assets, if none of this applies then you are safe.
      Success is reachable, stretch out your arm and grab it.

      Comment


        #4
        2 things either happened. (1) you went to the wrong location, or (2) there was a notice to reschedule which, for whatever reason, you did not receive.

        Check pacer of the next couple days. The trustee does not simply NOT attend a 341.

        Comment


          #5
          Originally posted by jlasky View Post
          We went to the 341 meeting last week and the trustee never showed up. We are over the median, but have high secured debts. Is it a good sign the trustee doesn't show up at the meeting or does it really matter?
          Did you file with a lawyer? Was he/she there with you?

          If you filed pro se, did you receive instructions in the mail about the date/time/location of your 341 from your bankruptcy court or from your trustee?

          Did you just sit there in the court area? Did anyone ask why you were there?

          If you don't have a lawyer, call your local bankruptcy court immediately and find out what's up. Don't wait for a posting to PACER. Your case is at stake here....get going!
          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

          06/01/06 - Filed Ch 13
          06/28/06 - 341 Meeting
          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
          10/05/06 - Hearing to resolve 2 trustee objections
          01/24/07 - Judge dismisses mortgage company objection
          09/27/07 - Confirmed at last!
          06/10/11 - Trustee confirms all payments made
          08/10/11 - DISCHARGED !

          10/02/11 - CASE CLOSED
          Countdown: 60 months paid, 0 months to go

          Comment


            #6
            My lawyer was there and the judge, but no trustee. My lawyer said that is a good sign that trustee doesn't show up he doesn't have any objections at this time. The 341 was setup a while ago and the judge didn't mention about having no trustee present. It seemed normal, because I didn't see any trustees for the previous cases before ours. We received instructions in the mail by the court. I guess it was pretty strange...

            Comment


              #7
              Judge at a 341?????? Anyone else ever hear of such a thing?
              Filed Business Chapter 7: 7/11/07
              341 Meeting: 8/8/07 Asset Case
              US Trustee reviewed case/resolved 9/14/07
              Discharged: 10/11/07 Closed: 11/2/08

              Comment


                #8
                Originally posted by jlasky View Post
                I guess it was pretty strange...
                Yep, I agree it's pretty strange! Individual courts can have their own customs - this is one I haven't heard about before. The trustee doesn't show for your 341 but the judge does. And everybody treats this as normal. Wow.
                I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                06/01/06 - Filed Ch 13
                06/28/06 - 341 Meeting
                07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                10/05/06 - Hearing to resolve 2 trustee objections
                01/24/07 - Judge dismisses mortgage company objection
                09/27/07 - Confirmed at last!
                06/10/11 - Trustee confirms all payments made
                08/10/11 - DISCHARGED !

                10/02/11 - CASE CLOSED
                Countdown: 60 months paid, 0 months to go

                Comment


                  #9
                  That is a new one to me. The BK judge has absolutely NO role to play at a 341 meeting.

                  The trustee is required to attend the 341 meeting, at a minimum, the trustee has to verify the identity of the debtor and make a record of the event.

                  If you don't mind saying, where did you file BK?

                  Comment


                    #10
                    WOW! That is just plain ole bizarre, if you ask me!
                    Petition Filed 6/4/07 :clapping:
                    341 meeting 7/31/07 :clapping: :unsure:
                    First Meeting Held and Trustee's Report of No Distribution 8/2 :yahoo::yahoo:
                    10/15/2007 - DISCHARGED!:yahoo::yahoo::yahoo:

                    Comment


                      #11
                      Yeap!!... he needs an emergency... vacation.. sometimes....

                      Comment


                        #12
                        They ususally reschedule when a trustee can't show up. Heck, most people never see the judge.. Do you live in one of those very small town of like 500 people or are you pulling our leg and testing our knowlegde of BK LOL.
                        Success is reachable, stretch out your arm and grab it.

                        Comment


                          #13
                          I am telling the truth, trustee didn't show up. There was only a judge calling names for each case. The bankruptee spends 10 mins in front of a judge, like I did, but the trustee was a no show.

                          Comment


                            #14
                            I am not an expert, and don't have too much to add besides: We had a judge & trustee at our 341 meeting. They were having such a good time chatting among themselves that I almost forgot what I was there for.

                            Comment


                              #15
                              Your case should automatically get a discharge for failure of NO SHOW on the Trustee part. Wouldn't that be awesome! Kind of like going to court on a traffic fine, if the cop doesn't show up to dispute, your case is dismissed, no fine, no ticket etc.

                              My trustee at my conversion for ch7 didn't show up, but he had a replacement, which made me feel more at ease, he seemed to a new Trustee (very young) wanted to get things done and overwith.

                              Best of Luck, Catchmeifyoucan
                              July 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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