Should I be concerned???

[struggling09]

I'm going to make this as short and sweet as I possibly can. Had our 341 mtg. on 5/15 - went well; however, our attorney did not bring a copy of a deed that Trustee rquested. Trustee said if we submit it by 6/1 we "MAY" not have to appear. Submitted the deed on 5/19. The Trustee's paralegal sent an email to my attorney's paralegal excusing us from appearing on 6/26. Great right??? Well our paralegal claims the email was automatically deleted the same night before she could print it or send us a copy and claims we do NOT need to appear on the 26th.

Should I be concerned and still appear? Or should I take her word for it and just not appear? PACER is indicating awaiting 341.

[Meh]

If you don't trust your lawyer and their staff, you probably should have found another lawyer. If they say you're ok, I would take them at their word.

[struggling09]

Really not a question of trust...moreso the notice excusing us no longer exists. My attorney is with a big practice and I don't want to be mistaken for another client
becuase notification was "automatically" deleted before we were notified.

[Amy26]

Can't they just ask the paralegal to send the email again?

[struggling09]

I asked that and was told that she didn't feel that was necessary and we are excused from appearing.

[LuciluS]

Maybe you could call the Judge's office, ask for his/her Assistant & ask that person if the Trustee received the Email & do you need to be present at the 341.

Just a thought.

Luci

[JRScott]

You're probably fine.

If you have access to PACER you might look on it to see if the trustee has updated the 341 meeting to completed, but not all are diligent in doing that.

[music12]

why not call the trustee (not judge). the phone number should be on the original 341 notice. ask the paralegal/secretary (whose name you hopefully know, but even if not...) to confirm, and you could even ask whether the cancellation will be on pacer.

if the only reason for the second date was for the trustee to take a look at that document, and the document was provided, then there is no reason for the second date, right? maybe you worry too much!

[JRScott]

Trustees will not talk directly to you if you have a lawyer....

[music12]

technically, JRScott you may be right. however, this is not some legal issue but a question of whether a person needs to appear or not. i think they will answer a question of that type even if you have a lawyer.

[broken64]

I know it is easy to worry, been there enough in our situation. Put your mind at ease and call the trustee's office. They are going to have office staff to answer your question, it is not like your trustee is going to sit there and answer their own phones. You will know one way or another and won't have to worry over the weekend.

[struggling09]

Thank you for all of the posts. I will call the trustee's office to confirm.

[struggling09]

Update...yes i should be concerned!!!

Well I thought it would be helpful to let you all know how I made out. Called the Trustee's office. Spoke to his assistant who informed me that my Trustee has been out for two weeks due to a death in the family. That I have NOT been excused from appearing as of yet, no e-mail was sent to my attorney's office, and that I should contact them directly on the 15th. I am stunned!!! I really don't know what to think at this point! This entire situation is stressful enough and then to top it off I have to worry about getting misinformation from my attorney's office that could jeopardize my entire case.

[LuciluS]

Well I thought it would be helpful to let you all know how I made out. Called the Trustee's office. Spoke to his assistant who informed me that my Trustee has been out for two weeks due to a death in the family. That I have NOT been excused from appearing as of yet, no e-mail was sent to my attorney's office, and that I should contact them directly on the 15th. I am stunned!!! I really don't know what to think at this point! This entire situation is stressful enough and then to top it off I have to worry about getting misinformation from my attorney's office that could jeopardize my entire case.

OMG! I would be stunned too. Possible for You to fax a copy of the Deed to Trustee's assistant? Sorry about my previous post. I meant Trustee when I typed Judge.

Attornies remind me of my Neurosurgeon, who is an Excellent NS, just no 'bedside manner'. You question them about a procedure and/or anything concerning your case & immediately they go on the defensive side.

I had a Attorney for my Disability who did nothing but fill one form out with two sentences. I called & asked him about calling my Senators & Congressmen, he got mad. Well, hmm, I emailed all 3 of them & all of them had someone from their office look at my Case. Then I called the State Director of Social Security & got them involved. Six weeks later, I got a call from his Assistant. Administrative Law Judge approved my Disability. Received his written Ruling a week later & copies of his letter to the Senators & Congressmen. Attorney received over $7,400. This was a 2 year process.

Had a different Attorney for the Car Wreck. The wreck was the determining factor of me being disabled. He waited until almost the 2 yrs. Statutory Limit for filing had expired to file Lawsuit. i questioned him why? and he also went on a Rant. Knowing bankruptcy was in the future, I called him & told him to get a Settlement Offer to the other Party's Attorney immediately. He didn't want to, but I finally threw my Rant & told him I was paying him and to Do It! Gee, phone call next week with offer & I requested him to counteroffer. Two days later, I receive call from Him. Counteroffer was accepted.

I'm praying our Bankruptcy Attorney will be much easier to work with. So far, he has answered every email I have sent. He is paid in full & just waiting until 9/30/09 to file.

Good Luck!

Luci [/I]

[music12]

OMG!

my feeling is you should call your own lawyer's paralegal and make sure he/she understands that this is very important to you and that he/she must get their act together so that your case goes completely smoothly. firmly hint that anything further that goes wrong will trigger your complaining to your lawyer, who is the paralegal's boss. the paralegal would not want to get fired, so i would think they would do things right from here on.

did the trustee's assistant tell you whether the deed was received? if you don't know yet, get on your paralegal's case, make the paralegal call and verify it was received.

i find it strange that the trustee's assistant told you to call them back directly. they should not be initiating direct contact with you if you have a lawyer (like JRScott said). i think your lawyer/paralegal should be the ones to call and follow up. you hired and paid them precisely so you won't have to deal directly with all this.