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Notice of Appearance? 341.

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    Notice of Appearance? 341.

    My 341 is set fo rend of Sept, and I checked my file on PACER today. I saw an entry for "Notice of Appearance" and clicked through. It shows the name of one of my creditors and an attorney's name who will be representing them.

    Is it usual for a creditor to show up at the first 341? WIll others file a notice fo appearance too?

    It so happens that this bank holds 1) a credit card of mine and 2) my primary mortgage. Is the atty representing them going to actually show up and will she ask questions?! Or no? The credit card debt with them is $5000 and was included in the unsecured claims schedule. My mortgage with them is $400,000 and I am reaffirming it.

    Thanks.

    #2
    Happy Ira: Why are you here?? You are here because you are in a financial problem. One many, many, and all of us here, have had. Why are you worried? You will or may have some objections. Mrs. and I have big time adversary, but we made it through. You will do just fine. Be honest, tell the Trustee if asked, that you at that time indeed intended to pay what you thought you could. You have not sinned, you have made a miscalculation as many of us have. Remember BK is not personal. It is not pride or lack of it. My credit score was 820 at one time and I am C7. Circumstances and our wonderful Country, gives to you, a second chance. It is strictly a business decision. You have not wished it or invented it. “Stuff” happens. ‘Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

    Comment


      #3
      the creditor is probably planning on attending the 341 with intent to get you to reaffirm. no worries.
      Filed 7/28/08, Discharged 10/29/08
      (filed pro se: nonconsumer no asset CH7)

      Comment


        #4
        Originally posted by soleprop View Post
        the creditor is probably planning on attending the 341 with intent to get you to reaffirm. no worries.
        Makes sense. Thanks.

        Comment


          #5
          ira, if it makes you feel any better, I had two creditors say they were showing and as you know it, nobody was there

          If you are reaffirming then I would speculate they care less about the $5000 but want to make sure the proper paperwork is filed for the reaffirmation of the mortgage. I highly doubt they plan to take the mortgage (especially in todays market).

          You will be fine
          Filed: 01/23/08
          341 Meeting: 02/29/08
          Discharged: 04/30/08
          Closed: 05/12/08

          Comment


            #6
            A Notice of Appearance does not mean the creditor's attorney will actually attend the 341 meeting. It just means that the creditor is now an active party in your BK and will receive notice of any documents filed in your case.

            Granted, filing a Notice of Appearance is the first step in further action, but the filing, by itself, does not necessarily mean anymore will happen.

            Comment


              #7
              I was freaked

              I checked pacer today and the Law firm the represents my HOA that charges 176 a month. I was scared that they will force me to pay the debt. I am surrending my house so why would I have to pay them. I know I owe them lots but Im broke. I am a poor IRS employee who makes no money. I really hope my debts get discharged. I am a single mom. I will pray and hope all goes well.
              Filed Chapter 7: 06-09-09
              341 Meeting: 07-10-09
              Discharged: 09-17-09

              Comment

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