341 Meeting Today - attorney questioned

[Sham11801]

Had my 341 meeting today. I don't normally get nervous (except public speaking), and i wasnt until i had to sit just a few feet in front of the trustee and my heart started beating. Unique experience for me in many ways...

The trustee questioned me with the usual, asking about the 2 properties (both under water) and moved on...high debt, and why the people living with me arent contributing more...that was easy...the attorney representing me got the hardest question though...the trustee wanted justification for the $4000 in fees i was charged to file the case. It was actually over $5000 but attorney listed $4000..not sure why..i never questioned it since the attorney (more like his paralegal) has put so much work and effort into it..but originally he charged me for a chapter 13 case since it was complex, then a year later (took time to get me filed , sigh) he decided a 7 makes more sense for me and the numbers worked.

So anyhow, the trustee said to the attorney (whos actually my real attorneys partner..my attorney could not make it)..he is adjourning the case until Nov 19th and he wants the attorneys office to get back to him regarding the fees. Is this normal? Holding up on closing the case a month to get an explanation of fees? I wouldnt mind a refund ..if thats even coming..or is this just political rhetoric? The other 2 people my attorney was representing today had their cases closed right away. Let me know if anyone has had this experience...thanks!

[Bankruptcy20]

That is quite interesting. I haven't heard of such. My attorney charged me twice what you quoted, and the trustee didn't even bat an eye.

You may want to share your state with the other readers. For where I live, and the figures involved in my case, the trustee didn't go there.

Good luck. Pretty frustrating for you I'm sure, maybe you'll get a rebate lol.

[whipster1]

The trustee can get some of the money back if the Atty can't justify the fees. It won't go back to you though, it goes to your creditors I would imagine.

[Sham11801]

even in a Ch 7? I thought the creditors get nothing..

[ready2puke]

Do you have any exemptions left? Maybe you can exempt any refund and then those funds will be yours.. The trustee is probably seen alot of over charging and wants to make this guy a example.

[miozelous]

My case is still open because the first lawyer we fired and had put down a 3,000 dollar deposit. The TT wanted to know if and what he had done on my case. I told him 2 hours tops. Had 1 phone meeting and he would not return phone calls or emails. He also asked us to do some illegal things that at the time I did not know were. The TT is getting 3,000 back from him and paying our debtors.

[Sham11801]

i believe so, i didnt use any exemptions really..but im more concerned wtih the delaying of the case as opposed to the money..

[Sham11801]

An update for anyone who cares or thinks trustees are bad people out to get us:

I got an email response from the paralegal at my attorneys office and they are "in agreement with the trustee" and refunding me $750.00 of my $5000 in fees. I wasnt expecting it but i'll take it! That's what i call a real fresh start!

[Bankruptcy20]

An update for anyone who cares or thinks trustees are bad people out to get us:

I got an email response from the paralegal at my attorneys office and they are "in agreement with the trustee" and refunding me $750.00 of my $5000 in fees. I wasnt expecting it but i'll take it! That's what i call a real fresh start!

That's great to hear. I often read a bit of an accusatory tone against trustees on these forums.

They had nothing to do with our process and they are just doing their jobs. But they are human, and have a heart. And I found the trustees I dealt with in my process so far to be really humane, to say the least.

And, no I am not an attorney or a trustee.

Great story, btw