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    Should I be concerned?

    Hi everyone! First-time poster, long-time lurker. I filed Chapter 7 on 12/22. My 341 is on 1/22. So far everything seems to be going smoothly -- I filed as no asset, and I intend to surrender my SUV. I'm a renter with no children, and I make under the median income for a single person.

    However, something happened yesterday that has me a bit concerned, and I don't see any posts where this has happened to anyone else. My attorney's office called me and told me that my attorney is unable to attend my 341, and is sending another attorney in her place. I am to meet with my attorney to discuss what to expect at the 341 in a few days, but I won't be meeting this substitute attorney until the day of the 341. Should I be alarmed at this? Would the trustee want to continue me due to my attorney not showing up? I questioned why she can't come, and the receptionist told me she works out of her 2nd office branch, in a nearby city, on Thursdays, and never attends 341's in my city on Thursdays.

    Thanks everyone! This board has been so helpful!
    Chapter 7 Filed: 12/22/08
    341 Meeting: 1/22/09
    Discharged and Closed: 3/24/09

    #2
    Sounds like your BK is pretty simple, I wouldn't worry about it. My attorney was there and only said 3 words.

    Comment


      #3
      That happens

      Dont worry about it as they said.. Your lawyer was probably busy or has to go or do something. As long as she/he send a lawyer to appear with u. you are fine.. If he/she didnt appear then that when u should get worried.
      that happens sometimes. Anyway Since we cant bring phone inside the court.
      Try to ask the lady who works for the lawyer, to let you know how the substitute lawyer looks like. or atleast if you know what u gonna wear let them know so when they hand your document with the the other lawyer for review purposes atleast you got an idea who to look for.
      GOOD LUCK!

      Comment


        #4
        My trustee didn't show up, I had a subsitute trustee.

        I don't think it will be a problem either, if they can switch Trustees on you at the last minute, shuld be fair to substitute an attorney from the same firm. Sounds like they do it all the time at the firm you used, since she is never available on Thursdays.

        Comment


          #5
          My attorney didn't show neither. I have a subsitiute attorney. They cannot say anything anyway or can they answer any questions for you.

          You should be fine.

          Comment


            #6
            Thanks... the attorney that she's sending isn't from the same firm, actually. My attorney is a one-woman show; there's no other attorneys working for her.

            I'm a paralegal for a real estate firm, and we send "outside counsel" to foreclosure hearings that are geographically inconvenient for our attorneys to attend. We pay them a small fee to basically show up with the paperwork and stand there for 5 minutes. It seems like that's what's happening for my 341 meeting, it just makes me nervous!!!
            Chapter 7 Filed: 12/22/08
            341 Meeting: 1/22/09
            Discharged and Closed: 3/24/09

            Comment


              #7
              I don't think you have anything to worry about, many posters have stated that their attorneys have sent someone in their place. The substitute is usually familiar with your file. Good Luck!
              May 2008 Hired 1st Attorney/Stopped paying CCs
              May 21, 2009 Retained 2nd Attorney
              May 28th - Filed for Ch 7 (FINALLY!)
              9/11/09 - DISCHARGED!!!!

              Comment


                #8
                Correct, this is nothing to worry about.

                Be grateful that your attorney told you in advance, many cheap attorneys never inform their clients that a substitute attorney will attend.

                Scheduling conflicts do occur. Once you go to the 341 meeting, you will understand why it is not that big a deal that your attorney is not attending

                Comment


                  #9
                  Great; thanks everyone!! I'm anxious to get this over with! lol. Thanks to the poster who suggested I get a physical description of the sub lawyer; I'm so nervous I didn't even think about the fact that I won't recognize her.

                  Quick question: Someone said the lawyers aren't allowed to talk.. seriously?! Wow.
                  Chapter 7 Filed: 12/22/08
                  341 Meeting: 1/22/09
                  Discharged and Closed: 3/24/09

                  Comment


                    #10
                    No worries. My attorney sent a substitute as well and everything was fine.
                    Chapter 7 filed 10/21/2008
                    341 - 11/26 went smooth NO ASSET
                    Took 115 days after 341 - But Finally DISCHARGED 3/25/09

                    Comment


                      #11
                      The lawyers are allowed to talk, but generally, there is very little reason for them to say anything at the 341 meeting.

                      Comment

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