Trustee called for a "continuance of the creditor meeting"

[horse]

Has anyone on here ever heard of a Trustee calling for a "continuance of the creditor meeting"? What would be some reasons for her to do that? As usual my lawyer hasn't got a clue. Oh please help...

[SMinGA]

I believe it happens if required documents were not turned in. Such as most trustees require the prior year's tax return a week before the 341 so they have time to review it. Or if you don't have your SS card at the meeting. I believe it can also be done when things beyond anyone's control happen. Like inclement weather or a power outage at the courthouse.

[StartingOver08]

It also can be requested if the Trustee requires more time to review the documents turned in by the debtor.

[horse]

My lawyer just sent us an email to make an amendment to our filing except it was all wrong again. So...my husband is driving all the way out to his office to drop off paperwork I have been preparing for a couple of hours for the attorney. I spelled it out as clear as I could...so it should be interesting to see how it translate back on to the legal papers. I bet this is what the Trustee is waiting for. I expressed a little annoyance with my attorney the other day ...and he snapped back at me told me I shouldn't have signed the paperwork if it wasn't correct...but at the time I was in his office for hours and hours...and he was telling me everything looked correct and I had numbers swirling around in my head...but that's no excuse to be lazy and trust someone else with your future...even if he is a lawyer. Shoot...I could kick myself.

[horse]

SMinGA...how in the world did you get your case dismissed?? I have been thinking of doing the same thing! What happened?? Is it working out better for you now?

[69corvair]

You can't be compelled to be a debtor in Chapter 13 - hence you are free to dismiss it at any time. Not so true of Chapter 7 cases.

[horse]

I'm curious...is this a meeting we would have to attend...like the 341 hearing? We haven't received any notices in the mail...and it's now 10 days before the hearing date. Could this just be a way for the trustee to delay the process until she has all the paperwork she needs/wants? The thought of having to go back a second time is pushing me over the edge. My attorney told me there would be the one 341 hearing...and that's it. Has anyone on here been called to one of these "continuances..."?

[StartingOver08]

Yes. The continuance is another 341 meeting (meeting of the creditors) I did attend my second one and it only lasted a few minutes. The TT just had a few additional questions. My first one was lengthly. Look up posts by LaJazz...I think he had something like 4 meetings (continued 341's). Check with your attorney to determine if you need to be present at the continued 341. I would think it would be necessary.

[horse]

What kind of questions do they ask at these meetings?

[horse]

The "continuance" is scheduled for June 1, 2010 but we haven't been officially notified of the hearing...and my lawyer didn't know anything about it two days ago when we asked him about it. We found out through PACER. I literally have a doctor's appt. scheduled for June 1st that I made over two months ago...(it's with a specialist)...and now I don't know if I should cancel that because of this "continuance..." or wait to see if they notify me first?? Maybe there will be something in the mail today. Sorry...but I'm freaking out just a bit.

[69corvair]

If there was a notation in PACER that the meeting was continued to a certain date, the time should be mentioned as well. Usually, but not always, 341 continuances are for the same time as the original meeting.

Did you go to the original 341, or was it continued before it happened?

[horse]

Yes, we went to the original meeting on the 14th...and the "continuance" was dated the 20th...scheduled for June 1. I have no idea what this is for...

[69corvair]

I guess my point was whether the meeting was actually held (i.e. did they swear you in & ask questions - or just announce it would be postponed?) If they did hold the meeting, you should have left with a pretty good idea of what the trustee was interested in. It would also be highly unusual for a trustee to continue a 341 without announcing his/her intention to do so at the original meeting.

Often times, meetings are continued because the trustee is waiting on something he/she asked you for, or wanted you to produce, and if your attorney gets that to them beforehand, the continued "meeting" doesn't actually happen. You need to find out from your attorney why the meeting was continued, and whether it's just documentation that needs to be provided, or whether the trustee actually wants a continued in-person meeting.

[horse]

Thank you for the information. I hope I make it through this BK process. :-(

[69corvair]

It's not rocket science - I'm sure you will be fine.