Failure to Appear at 341(a) Meeting

[Heightsman]

Does anyone know the answer to this question?
If a debtor fails to show up at a 341(a) hearing and the case is dismissed without prejudice pursuant to motion for failure to appear, does the debtor have to wait 180 days prior to refiling? 11 U.S.C. 109(g) talks about having to wait 180 to refile if dismissed for willful failure to appear before the COURT, but in this case it was failure to appear before the Trustee.

[bkfiler]

why was the creditor mandated to appear at a 341 meeting? thats an open forum where they just show up or not.

they dont really need to come there anyway and usually call your lawer to force you to settle first.

[StaciMM]

If the debtor (aka the person who filed for BK) does not appear the case will be dismissed. I think without prejudice means you can refile at any time, just keep in mind that filing will be under the new laws.

[Minnymouth]

bkfiler,
I think he was talking about the Debtor (himself) not showing up for 341 meeting and case getting dismissed, then having to wait 180 days to refile.....
Yes the debtor HAS to appear and Oh Yes you better believe that the 341 Meeting is in Court............the Trustee is Court appointed...........
Sounds like he has caused himself to get his case dismissed for not showing up at the 341 meeting??

Minny

[bkfiler]

oh! sorry i didnt read close enough!

[Heightsman]

bkfiler,
I think he was talking about the Debtor (himself) not showing up for 341 meeting and case getting dismissed, then having to wait 180 days to refile.....
Yes the debtor HAS to appear and Oh Yes you better believe that the 341 Meeting is in Court............the Trustee is Court appointed...........
Sounds like he has caused himself to get his case dismissed for not showing up at the 341 meeting??

Minny

I'm not the debtor and I have some serious reservations about the attorney who represented her. She filed a Chapter 13 in 2003 and then promptly moved out of state. Since she could not keep up with her chapter 13 her attorney filed to convert the case to a chapter 7 in 2005. Her attorney should have filed a change of venue since his client had been livng in another state for almost 2 years, instead he filed in the old state and naturally his client didn't show up for the 341(a) meeting and the case was thrown out pursuant to motion. But keep in mind, the rule speaks to court appearances and the trustee is part of the department of justice, not of the judiciary, so I wonder if the 180 rule applys?

[FoolAndHisMoney]

As for "her" problem this will be a tough one since it got tougher to refile. The automatic stay is more limited to a repeat filer. What was happening under old law is some people were filing just to buy time with creditors, take advantage of the automatic stay, not show up at the 341, case dismissed and 180 days file again and again. If she files again then they will grill her to find out if she filed in bad faith and dismiss again.

I imagine the 341 is considered a court appearance and the rule would apply that they can dismiss.

[quest42]

I went to observe a few 341 meetings, 2 out of 12 debtors did not show, and the trustee gave them a continuance for 3 weeks... but they both had attorneys that showed up.

[tinasegers]

I have had problems with my mail in my area, therefor I did not receive my letter advising me of my CH 7 court date. I now have to file a motion for reinstatement. Can anybody help me outline this? Time is short!

[quest42]

I have had problems with my mail in my area, therefor I did not receive my letter advising me of my CH 7 court date. I now have to file a motion for reinstatement. Can anybody help me outline this? Time is short!

Some ideas:

1. Ask your friendly, helpful local court clerk where to get the forms. You may be able to get a sample form.

2. Go to the law library (usually near your courthouse) to research the forms and procedures.

3. Try google search: "motion for reinstatement" bankruptcy form

4. Find a local paralegal who handles bankruptcies.