Is it required that my attorney be at the 341?

[gemini0616]

Crazy question right? But I've seen so many pro se filings on here, and I think I am well prepared for this is the reason I am asking. Here is the situation:

My attorney is just a deadbeat. If there is any way to officially file a grievance, complaint, etc. I will be sure to do that as soon as this is all over. We filed on June 4th, but the case was dismissed for non payment. We paid, but the attorney didnt pay the court. He blamed it on system glitch. The the motion to reconsider dismissal was denied (again, attorney fault). He did fork up his own (supposedly) $260 to get our case reopened and it finally did about a week ago. One thing I was concerned about is our 341 meeting date. Before it was dismissed it was scheduled for 7/14 (tomorrow). I assumed it would get rescheduled since it was just reopened, so I verified with the trustee and the court this morning that it IS still on for tomorrow. In the meantime, I get an email from my attorney saying that we are not on for tomorrow and he claims he double checked the docket report. So I called the trustee again, and lo and behold, they still have us on their schedule. In addition my attorney has not sent them my tax returns, pay stubs etc, that I already sent to him (well before his given deadline). Bottomline, I think my attorney is just trying to get out of going (maybe he is double booked or just not prepared) and was ready to try to get the meeting rescheduled before I caught him in his lie. He still has not responded to my request to see that docket.

So back to my question - is it required that he be there? If not, I am not going to waste my energy making sure he shows up.

[SMinGA]

Question: was the original (dismissed) case reopened, or was a new case filed? If a new case was filed, a new 341 would have been scheduled. What have you gotten in the mail regarding the 341 hearing? What shows in Pacer?

If the atty is not present, the trustee will mostly reschedule a future date for your hearing. Which is a good thing, if your atty has not submitted the requested tax returns, etc. to the trustee.

[starr4law]

No, he does not have to be there (and it sounds like it is better if he isn't).

Bring copies of all of the stuff that you were supposed to give to the Trustee through the attorney, as well as your driver's licenses and social security cards. Just hand it to the Trustee with an apology. Take notes of anything that the Trustee might request during the hearing (if any) and promptly submit them directly to the Trustee (not the court). Do not bash your attorney in front of the Trustee (or anyone else at the courthouse) - you do not know who plays golf together.

Once the case goes through (really, 341s are usually super simple), file a grievance with the Lawyers Board of Professional Responsibility. Make sure that you have good notes/evidence to go along with it. Every lawyers fear is that the Board will come after them (they have alot of power). Alternatively, you could write a demand letter to your attorney for the amount you paid him and threaten to report him if he doesn't refund. Be tactful in the letter in case you do report him - don't need a nasty letter to come back to bit you in the butt. If you ask for a refund, do it after discharge - you didn't exempt the proceeds of a refund on Sch B/C

[gemini0616]

this was a case reopened, not a brand new one. thanks for the great advice guys. after I posted, I did pick up the phone and called his office. I figured this was just too important not to. I was on hold forever, but finally talked to him, and made sure he was going to be there tomorrow (he claimed that the online docket is not always up to date - whatever).

I started months ago to use email as my primary communications with him because he would say things and never do them. So I have a lot of evidence to back up my complaints. We met with him on 2/26/10 when we made the decision to file, and turned in all of our paperwork on 3/18/10. He didnt file until 6/4/10. So you can imagine that there was a lot of excuse giving between that time about why its not done. Very frustrating experience. I should be a few weeks (or less) from discharge by now. If anyone here lives in PG County Maryland, let me know and I will let you know which lawyer NOT to use.