Attorney MIA - Is there anything I need to do for the 341?

[kartoons19]

Well, first I need to vent, but there are a few questions at the end. I have my 341 next Thursday and all of the sudden my attorney is MIA. In the past when I have called her it may take her 3-4 days to get back to me. She is a one-woman show, so I expect some delays in getting answers.

Now my 341 is coming up next week and I have had some changes since filing, such as an increase in assets and a job loss. I called her two weeks ago and have yet to get a call back. Outside of the mailing from the court, she has not given me any information on how to prepare for the 341. I don't even know if I am supposed to still be saving receipts (which I am). I asked her a lot of questions, but I don't know enough to ask everything and she really hasn't advised me on what do to now that I filed. I am so grateful for this forum, because this is where I have gotten most of the information. I called her again today and asked the receptionist if she is on vacation and she said no. So I left another message. I'm just looking for a little communcation! I am starting to wonder if she will even make it to the 341. Anyway, enough of the vent.

On the notice from the court, it required that paperwork be sent to the trustee. Is this something I am supposed to send or does my attorney? My attorney has everything so I would hope she is taking care of it. Pacer hasn't been updated since a few days after I filed, I hope that is a good sign. Has anyone else experienced an MIA attorney and how were you able to prepare for the 341? Did he/she show up? Do I need to amend my papers with the increase in assets (still should be exempt) or can I just tell them at the 341, if asked? Excuse my long post, but this is really making an already stressful situation worse. TIA for your help.

[ccsjoe]

Only thing I can think of is do you have the ability to contact the trustee directly, and if so, explain the situation and let him/her know that you just want to make sure everything has been delivered and what else you may need. As far as 341 prepping, from what I've been told, limit your answers to as few words as possible, yes and no are good words. Don't really know what to tell you regarding your change of situation, however I do know the trustee normally will ask if anything has changed since you filed. You might use that opportunity to bring them up to speed. Regarding your increase in assets, check your exemption amounts to see if you can cover them.

I know this is all generic, but I feel for your situation and hope this helps somewhat.

Please keep us posted.

[kartoons19]

Only thing I can think of is do you have the ability to contact the trustee directly, and if so, explain the situation and let him/her know that you just want to make sure everything has been delivered and what else you may need. As far as 341 prepping, from what I've been told, limit your answers to as few words as possible, yes and no are good words. Don't really know what to tell you regarding your change of situation, however I do know the trustee normally will ask if anything has changed since you filed. You might use that opportunity to bring them up to speed. Regarding your increase in assets, check your exemption amounts to see if you can cover them.

I know this is all generic, but I feel for your situation and hope this helps somewhat.

Please keep us posted.

Thanks CCSJoe. If I don't hear from my attorney early next week, I'll contact the trustee. I have read about the 341 questions and answers, but what I am really concerned about is protecting a student loan disbursement I just received. Our state doesn't have a wildcard or cash exemption, but my attorney said it would be protected. As I was just laid off last week, I need that money otherwise I am SOL. So I just need to make sure she somehow exempts the funds. Thanks again. Hopefully I will hear from her soon.

[bigtim6656]

I was in the same boat. I can file on the first and get it going but a few weeks later I would get my student loan refund. my atty felt I was better off waiting and exempting what I buy and not the cash. Indiana has a 8k wildcare I just wish I was married so I could double it. MMM a Trip to the justice of the peace might be in order. LOL

Thanks CCSJoe. If I don't hear from my attorney early next week, I'll contact the trustee. I have read about the 341 questions and answers, but what I am really concerned about is protecting a student loan disbursement I just received. Our state doesn't have a wildcard or cash exemption, but my attorney said it would be protected. As I was just laid off last week, I need that money otherwise I am SOL. So I just need to make sure she somehow exempts the funds. Thanks again. Hopefully I will hear from her soon.

[kartoons19]

I was in the same boat. I can file on the first and get it going but a few weeks later I would get my student loan refund. my atty felt I was better off waiting and exempting what I buy and not the cash. Indiana has a 8k wildcare I just wish I was married so I could double it. MMM a Trip to the justice of the peace might be in order. LOL

I did spend down my summer loan prior to filing and asked my attorney if the Aug disbursement would be an issue since it is between filing and the 341, she said it won't be a problem to exempt providing it is in an account without other funds. I just need some reassurance from her, especially as I just lost my job and really need that money more than ever. I wish CO had a wildcard, but no such luck. Understand about the marriage thing. Too bad I don't marry for money, otherwise I could have avoided this mess!

[bigtim6656]

'I could be wrong, and talk with her for sure, and being CO and not indiana but from what I gathered on here and from my local atty student loans are treated like any other funds, if you have cash you best be able to exempt cash, or exempt what you buy.

I asked my lawyer should I file on the first and get my loan before my 341 or wait spend the money and then file. His advise was to get everything ready then file post disbursement. He also told me my loan could be used to pay my bk.

His thought was getting the money and spending it was safer then explaining the cash later. I think he was worried about someone grabbing my money then making me explain it and exempt it. Plus with part of it going to food, bills, my bk and tires alot of it would be used for stuff i would not be exempting. not like I would have to exempt new tires since they would be on my jeep and thus figured into the value.

He did say I was good either way, though indiana has the wildcard, his biggest thing was making sure my accounts where below a few hundred bucks. my advice though TALK to her is to have the cash spent and be exempting the goods should you need to. My understanding is food is not a exemption since it is not able to be sold. Then I know bills and such would not be. I will be filling my freezer when I get mine. MMM TBONE. LOL

ALso how much did you get is there a chance you do not have enough left to exempt it.

I did spend down my summer loan prior to filing and asked my attorney if the Aug disbursement would be an issue since it is between filing and the 341, she said it won't be a problem to exempt providing it is in an account without other funds. I just need some reassurance from her, especially as I just lost my job and really need that money more than ever. I wish CO had a wildcard, but no such luck. Understand about the marriage thing. Too bad I don't marry for money, otherwise I could have avoided this mess!