lawyer says 341 rescheduled - Pacer says not

[Lana]

My 341 was (is) scheduled for friday. My attorney has told me twice it is rescheduled and he is waiting for a new date. Thats not what I see in Pacer. He wanted to reschedule because he couldnt make it.
I just want to go and get it over with. I asked him can I just go or can you send some jr attorney he says no you cant go without your lawyer.
I DO NOT WANT TO MISS my 341. Should I just go?
Should I call the trustee and ask about the date?
I dont really want to draw attention to myself because the trustee received an anonymouys letter about my "spending spree" and the lawyer said expect she will ask about it, which makes me a little uneasy, but seeing this date in PACER still makes me really uneasy too.
What should I do?

[JRScott]

I'd follow your lawyers advice.

I know it is kinda worrisome, but not all districts update PACER as timely as others.

[StartingOver08]

If you can, go to the 341. In my 341 the schedule was posted on the wall with each name and case number for the day. I don't know if yours will be the same setup, but I would be concerned if the date still shows in Pacer with no modification. I would rather show up and not be on the list then not show and have the Trustee call your name and no one respond! I may be overreacting, but certainly the change in date would show in Pacer if it were actually in effect, right?

[JRScott]

Depends when the lawyer filed it I'd think but that's not a bad idea you could go to the court that day and check the schedule if nothing more than to ease your pain. I suspect the lawyer is going on vacation and hence why he's seeking a moving of the date.

[music12]

as long as you have something from your lawyer in writing about this, you don't need to go. you'd be wasting your time.

[Lana]

I have nothing in writing. My lawyer has told me verbally, dont go, I'm rescheduling. Yes he is going on vacation.
Pacer in my area is fast. I found out about my 341 on pacer almost a week before I got the notice in the mail.
But what if I do go, I am still scheduled and then I have my meeting without my attny. What if I screw it up somehow?

[marie]

I would say that would still be better than to risk missing it completely. At this point you only have the spoken word that it has been postponed, and I doubt that the atty would accept the responsibilty of what might occur if you fail to show up, and it has not actually been postponed.

Could you call the court clerk to try and find out ?

[Lana]

My attorney drives me nuts. Why does my life have to stop cause he's going on vacation. He just emailed me -

I have already spoken to the trustee. You do not need to attend on friday. Your case will not be dismissed. I have taken care of it.

However all docs say otherwise. WTF.

[marie]

well, at least you now have something in writing from him. Print it off !

[music12]

Lana, please relax. the trustees don't always instantly put things on pacer. and, it's the people that control the process and not the computers. it may very well be that the trustee will put on pacer that it's postponed only after friday, because that's when the trustee would put other stuff on pacer that have to do with cases originally scheduled for friday. these trustees are not always so aware of how nervous such an omission could make us feel. but that's all it is. relax, try to enjoy the holidays, and your 341 will most likely be in january.

[iv65536]

In my case, my atty had to reschedule due to a schedule conflict. It will be put up on pacer - I just had to nag my atty about it a bit, and it was up by the end of the day.

[good2free]

I saw a couple at my 341 and their layer did not show up. Trustee clearly told them that she is going to reschedule their 341 meeting. In my area both the layer and the petitioner must attend the 341.

[Lana]

I got emails from both my attorneys now so I guess I'm okay not to go. It better just not go too far in advance. God I'm so sick of attorneys. They were so eager to help til they were paid in full. Now its like pulling teeth to get a call or an email.

[iv65536]

I got emails from both my attorneys now so I guess I'm okay not to go. It better just not go too far in advance. God I'm so sick of attorneys. They were so eager to help til they were paid in full. Now its like pulling teeth to get a call or an email.

If they are not helping you now, then they could ultimately be ordered by the bankruptcy court to refund some or all of the fees you have paid.

[Lana]

You know - this whole thing really is one of the most distressing times of my life. I dont care about money right now, I just want to get to the end of this - PLEASE!!!.