My attorney isn't coming to my 341

[DivorceRuinedMe]

I was informed this today, 3 days before the 341 by the paralegal. Nice. Real nice.

Paralegal downplayed it saying this happens all the time and that it was nothing to worry about. She said another attorney will be there for me (one that I've never met before) and that she will be calling my name out at the courthouse. Just great - just what I want for some person to be walking around the courthouse yelling my name out.

My case gets audited, there's major errors in my petition and now this. I just want to scream. I can't take this anymore.

[BKOnce]

The first one can not handle audit/difficult case. The new, OLDER, more experienced guy will take it over his

[DivorceRuinedMe]

I don't even know how experienced the new atty is and if she has any experience AT ALL for that matter. UGH! It's like, whatever can go wrong, will go wrong. I feel like I'm living murphy's law on a daily basis lately. I just hope that no wrenches get thrown at the 341 - I seriously can't handle any more wrenches right now.

[HHM]

By itself, not having your attorney at the 341 meeting is not that big a deal. But, you have other issues with your attorney. However, with regard to the 341, there is nothing for the attorney to do, and nothing they really can do. If there are problems with the petition, or issues...the 341 gets continued anyway, whether the attorney is there or not.

The 341 is a question and answer session between YOU and the Trustee (and any creditors that choose to attend). That doesn't mean attorney's should not attend the 341 meeting with their clients, but because there is not much for the attorney to really do, any attorney can be sitting across from you and you will be fine.

I suppose on the off chance that the trustee gets abusive in their questioning, or asks poorly phrased or ambiguous questions, the attorney could put an objection on the record, but that is rare.

[DivorceRuinedMe]

Thanks HHM - it's just the fact that all this stuff keeps happening to me and her not being there -well, it's just one more thing. I know I'm not alone in feeling this way as everyone seems to go through this at one point or another, especially when going through bankruptcy. I just have had enough. I need to develop a thicker skin and you think that I would have having survived the divorce from he77. I never had to go to court for that though *well, other than the domestic violence hearing*, and it's just scary having to go to court!

On a side note - the paralegal just faxed me the amended means test form and I faxed it back to her so she can file it before the 341. Hopefully that will help a little. And I made a phone appt today in about 20 mins to talk to the atty about all this stuff that is going on so hopefully she'll calm my fears a bit more.

[chpxiii]

DivorceRuinedMe, things are certainly rough for you right now. While there is some comfort in knowing others are going through the same thing, sometimes it's STILL tough because *WE* are the ones that are having to experience it.

Hang in there, girl. Alot of us are rooting for you. And remember, "this too shall pass."

[ameliabedilia]

Try to stay positive. Just keep thinking positive thoughts on everything. Your 341 will go fine. Just keep saying that to yourself!

[DivorceRuinedMe]

Thanks amelia and chpxiii. It makes me feel better to know that I have ppl that I can just vent to about this. I feel like I'm a big whiny venter lately and I'm really not like that so it's been rough!

The talk with the atty went well. She apologized for all the mistakes and said that she wouldn't charge me for the amendments b/c it was their mistake. I think she's also feeling bad about not being there (well not entirely b/c she is going on VACATION - phooey to her - LOL).

So, now I wait for the 341 and hopefully it will fly right on by with nothing to worry about. I don't do well under pressure though and thinking on my feet is not my strongest asset. Thank you for keeping me in your thoughts - it means a lot!

[coma]

Hang in there, DRM...I know your pain. We've been going in circles for over 2 years, mostly pro se. It will be find. At all of the 341 meetings, the attorneys just sat there. The debtor had to do all the talking. The only time the attorneys did anything was when someone did not show or had to give missing documents to the trustee. You will be fine, and we're rooting for you!

[Granny]

My attorney had the gall to be at my 341 but not go with me to the actual meeting with the trustee. Just before my name was called, he informed me he was sending in a pitch hitter (another attorney I had never met). Apparently, this must be standard procedure. I got the feeling that my pitch hitter was a newbie and was getting his feet wet at the 341's. GRRRRRRR. I had to tell this newbie that the orig attorney misrepresented the income on the schedules and then when the trustee asked if all was correct, I was on my own. I won't say how I answered, after I looked at the newbie and waited for him to speak on my behalf, which of course he didn't.

You have my sympathies. Good luck.

[danaf]

This is exactly one of the reasons I'm going to have a paralegal do my paperwork and save the $ for a lawyer if I need one. They screw up all the time. You think they are there for you and then walla - no where to be found.

You have my sympathy. Stay positive. You will get through this.

[PaKettle]

I was informed this today, 3 days before the 341 by the paralegal. Nice. Real nice.

Paralegal downplayed it saying this happens all the time and that it was nothing to worry about. She said another attorney will be there for me (one that I've never met before) and that she will be calling my name out at the courthouse. Just great - just what I want for some person to be walking around the courthouse yelling my name out.

My case gets audited, there's major errors in my petition and now this. I just want to scream. I can't take this anymore.

Wow, DRM, your situation is so much like mine!
My attorney made mistakes on my petition, my attorney told me the day before that he was not going to attend my 341, he was sending a substitute I'd never met, and my case was audited by the UST!

All I can say is, "Relax!"
I know you can't, but try to anyway.

As for the substitute attorney, they know what to do, and in MY case I actually think the substitute attorney was BETTER than my attorney and helped me keep the UST from getting too involved! I don't have actual proof of this, but I noticed that the sub. attorney seemed to know the trustee AND the USTrustee, and he was sitting out in the hall way and he told me ahead of time that the UST was looking at our case. (I wish I had NOT known this, as I imagine you wish you did not know it, too.)

Anyway, I have a feeling that when the substitute attorney asked me some questions about why we were filing, "what happened to cause us to file?" that he then felt we were a legitimate case and TOLD THE UST that. I think his knowing him and saying that to him helped our case and maybe if OUR atty had been there, it wouldn't have gone down that way!

So trust in fate, trust that everything is going to be okay, and try to relax. Anyway, if you have nothing to hide, there is nothing to worry about anyway.

The only reason I have been nervous is because of possible creditor objections and I don't like being "grilled" by ANYone as to why I did this or what I did with that money or etc... I don't think anyone likes that kind of grilling. I'm still nervous about the possibility of a creditor objecting even though I'm told that is rare. I figure, like you, "Just my luck..." even more so since I DID have "just my luck" to have the UST look at our case.

BUT, the UST only asked a few questions, and I think that since you are only a 1/250 audit, not a chosen audit (as our's was!) they will just ask a few simple questions and you'll be done very quickly and easily. I would BET you on that!

Also, the fact that you amended your forms before the meeting, which we could not do, is even better!

So I really think you can relax. Take a deep breath.
Let us know how easy it was when it's over!