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What happens if you miss your 341 meeting?

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    What happens if you miss your 341 meeting?

    Here's our situation. We just got filed either Tues. or Wed.(the letter from our lawyer didn't say the exact day), anyways, 30 days from then would put us about Dec. 3rd or 4th. I'm due with a baby Dec. 16th, and have no clue if the baby will come early or not. If I was in the hospital having a baby and couldn't make it to the meeting, anyone know what would happen? Obviousely I'd like to avoid this, but I don't have much control over the situation. We turned all of our paperwork in Sept and it took this long for the lawyer's office to get everything together to file...we definately wanted to get it filed before now so the baby being born wasn't even an issue...but whatdya' do when they are pokey? Anyways, just wanted to find out what could/would happen. Thanks so much!! Sara

    #2
    Well, there is no excuse. LOL, normally. But you sure have a doozey. Ask your lawyer if (under these circumstances could you get an 'emergency waiver' for a sooner 341. I dare say the Trustee does not wish to be your "mid-wife" or whatever. Also, you will not be in any shape for some weeks and also your baby will need you and the Trustee will not wish a new born to be around other people. (swine flu and all). Ask him it couldn't hurt. '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.

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      #3
      As long as your attorney informs the TT on the expected birth, perhaps with a statement from your Dr., you should not have any problem reschedthe 341. Hope all goes well.
      Filed Ch7 5/28/09 (Pro Se) Orlando, 341 7/01, UST selected case for audit 7/01, Last day for objection 8/31. Audit report filed 9/10, no material misstatements. Discharged and closed 9/22/2009

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        #4
        When it looked like we were going to have a conflict for our scheduled 341 (I was scheduled to be across the country for a contracted job), my attorney told me he would set it up so that my husband would go to the originally scheduled 341, and I would have to go at another time. It turns out that we were able to juggle it that I can still fly to my contracted job across the country at a later time in the day, and still make it to my 341, so we don't have the problem, but my attorney wasn't too concerned about us having to split our 341 appearance.

        KBB
        Filed - 9/28/09
        341 - 11/20/09
        Last Day to Object - 1/19/10
        My BK blog: http://forgiveusourdebts.wordpress.com

        Comment


          #5
          At my 341 there were a few people that didn't show even though the trustee had all their paper work. He just put in a motion to dismiss their BK. The attorney asked, "why would you do that" and he chuckled and said, "what do you want me to do with it?" The Yankee game is on tonight so we need to get things going LOL
          9/22/2009 - officially filed chapter 7
          11/03/2009 - scheduled 341 - COMPLETED
          01/04/2010 - last day for objections
          01/11/2010 - DISCHARGED & CLOSED

          Comment


            #6
            Originally posted by momofmany View Post
            Here's our situation. We just got filed either Tues. or Wed.(the letter from our lawyer didn't say the exact day), anyways, 30 days from then would put us about Dec. 3rd or 4th. I'm due with a baby Dec. 16th, and have no clue if the baby will come early or not. If I was in the hospital having a baby and couldn't make it to the meeting, anyone know what would happen? Obviousely I'd like to avoid this, but I don't have much control over the situation. We turned all of our paperwork in Sept and it took this long for the lawyer's office to get everything together to file...we definately wanted to get it filed before now so the baby being born wasn't even an issue...but whatdya' do when they are pokey? Anyways, just wanted to find out what could/would happen. Thanks so much!! Sara
            You may have to provide Proof of Delivery.

            (okay, it's a bad joke)
            Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

            Comment


              #7
              The day my daughter was born in 2002, I had a subpoena as a witness in a civil court case. Needless to say, I missed that one. I brought a copy of her birth certificate in and the judge dismissed the bench warrant.

              Sometimes there are some things just a little more important than a 341 or court proceeding. Then again, if the questions starting getting too much at the 341 hearing your wife could suddenly start breathing a little deeper and moaning. I'll bet the trustee would wrap it up in a real hurry.

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                #8
                My district allows one reset with a good excuse. Your attorney should know if the trustee will let you slide
                7-2-2009 Filed
                8-28-09 341 Concluded, no assets
                10-28-09 DISCHARGED/CLOSED!!!!

                Comment


                  #9
                  Originally posted by OhioFiler View Post
                  You may have to provide Proof of Delivery.

                  (okay, it's a bad joke)
                  LOLOL, You must bring in the receipt and formula. '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

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