Is this normal?

[kartoons19]

I have posted before about my frustrations with the lack of communication from my attorney since filing. I have left several messages about some changes that I have had since filing over two weeks ago and my attorney has not returned my calls. I am concerned because I received a gift of jewerly, a student loan disbursement and have lost my job. Plus I would just like a heads up on what to expect in my district and from the trustee. She has not prepped me at all for the 341 and I am doubting if she will even be there, although it is in the contract. I will prepare myself incase she doesn't show by reading through the 341 stickies. I will also call the trustee tomorrow if I haven't heard from her. I just want to be clear on what to bring and make sure they have all of the documents.

For those of you that hired an attorney, did your lawyer prep you for the 341? Did they communicate between the time of filing and the 341? I used to have a service oriented business and while 3-4 days to respond is expected since she is a one-woman practice, more than two weeks is extreme. Sorry to keep venting about this, but I am already nervous about the 341 and her lack of communication is making it worse.

[ccsjoe]

We will be filing this Friday and we already have a 341 prep meeting scheduled for mid September. I lucked out with our attorney, we even exchange emails/calls over the weekend when necessary.

[tobee43]

no, actually, we were never "prepped" by the atty, although usually, throughout he was an excellent communicator. he was even LATE for the 341....(some may have seen my other post saying about how he was late and finally showed up with his zipper completely down)....we were certainly unprepared for that!!

i think if your atty MIA....that's a problem. i would both email and leave a very professional, but stern message at her office, advising her to contact you asap. i would also fax a copy of the email...just to put her on notice that you feel uncomfortable with upcoming 341 and you need to review with her what she expects from the trustee....that she most likely knows from past appearances and experiences she has had.

i would think someone at the firm should be able to contact her and have her call...at least i hope so. if not i would contact the court as some point to let them know your atty is MIA...but i'm certain she'll most likely contact you. we are all at the end of our rope, by about this time...so nerves are setting in. i'm sure it will be fine!

[tay666]

For those of you that hired an attorney, did your lawyer prep you for the 341? Did they communicate between the time of filing and the 341?

He preped us for all of about 2 minutes just before the meeting.
Nothing really to prep. He told us to tell the truth and not try to over-explain anything.
The only communication I had for the 50 days between filing and our 341 was a letter from the lawyer telling us when the 341 was, where it was, and what to bring with us (drivers license and social security card)

I used to have a service oriented business and while 3-4 days to respond is expected since she is a one-woman practice, more than two weeks is extreme.

Not really. The law works at it's own pace, not a the pace of normal people.
It is also not a service related business, it is more a results oriented business.
Unless you paid a high price, you paid for someone to prepare and file the papers, and appear at the 341 with you. That's it.
Answering a bunch of questions and holding your hand along the way is not part of the package. Unless that is what was promised to you.

I'm not trying to sound mean, or unfeeling. Just telling you like it is.

[Exployer1234]

I spoke with my attorney a few times prior to my 341 meeting. Each time I left a message or emailed her she responded within 24 hours. I originally hired another attorney and could never get in touch with him. After 2 months of leaving messages, emailing him, and even stopping by his office I never heard from him. I had paid a retainer fee to him. I finally had to request for my retainer fee back since he did no work. I did get my money back and then found my present attorney who is wonderful. She is even emailing me back after my BK was discharged on questions concerning my student loans.

As for your 341 meeting your trustee may not proceed with your 341 meeting if your attorney is not present. At that point it would be rescheduled for about a month later.

I would swing by your attorney's office to make sure that she is still attending the 341 meeting and to make sure you have everything in order for the 341 meeting.

When I filed my BK my lawyer gave me a packet of what I would need to bring to my 341 meeting. I had to bring my Driver's License, social security card, and most recent pay check stub.

When you go in front of the trustee there will be just basic questions. One question that may arise is your student loan disbursement. If you have over your state exemptions then you may have a problem, but normally the trustee will look at what you have on-hand at the time you filed. The trustee may ask if you have received any money or gifts after your filing and prior to your 341 meeting. Most of the time the trustee will not go that in depth. I would just answer the questions honestly and not stress. I was a nervous wreck prior to my 341 meeting, but afterwards I could breath. I also had about 100 dollars on hand more than the state allowed and I was discharged on 8/19!!!!!

Oh and my lawyer was not high priced. I think she just really enjoys what she does. I paid 1299 total for my BK. That includes the court fee of 299.

[kartoons19]

Thanks for your responses.

CCSJoe, that is awesome that your lawyer already set up an appointment to discuss the 341. It sounds like you hired a great attorney. I don't even need an in person meeting, just a five minute conversation would be great.

Tobee, my attorney was also good at responding before filing. I did read you post about him arriving with his fly down, that is too funny. Thanks for the laugh. I did send an email on Friday saying that I was uncomfortable about the 341 because my situation has changed, but still haven't received a call. I will try to call her again tomorrow, but all I can do is prepare the best I can.

Tay666, I totally disagree with your statements, but thanks for playing. I just need a few questions answered and possibly an amendment filed because my situation has changed, this does not constitute handholding, just a five minute conversation. My attorney has agreed to provide the service of helping me through this process, which includes answering questions. Fortunately I have found most of the answers I needed through this forum and other sources, but for the few questions I've had, my attorney has always responded within a reasonable amount of time. At this point, I don't even know if she is planning on meeting with me prior to the 341. Again, a five minute conversation would answer these questions and that is all I want.

[kartoons19]

Thanks Employer. A packet would have been nice, but what I really need answered are some questions about my student loan disbursement and some jewerly I received after filing. The jewerly belonged to my mom, who died 2 1/2 years ago and my Dad recently found the jewerly and gave it to me. I should have enough exemptions to cover the jewerly, but the student loan disbursement concerns me. That is why the lack of communication from my attorney is so frustrating. Hopefully you were able to make some progress on your student loan situation.

[tay666]

Tay666, I totally disagree with your statements, but thanks for playing. I just need a few questions answered and possibly an amendment filed because my situation has changed, this does not constitute handholding, just a five minute conversation. My attorney has agreed to provide the service of helping me through this process, which includes answering questions. Fortunately I have found most of the answers I needed through this forum and other sources, but for the few questions I've had, my attorney has always responded within a reasonable amount of time. At this point, I don't even know if she is planning on meeting with me prior to the 341. Again, a five minute conversation would answer these questions and that is all I want.

Just giving a different POV.
Hopefully she is just on vacation or something simple to explain her sudden drop off the map.
But the sad truth is, (at least from reading lots of posts here the last 3 years) there are a lot of lawyers that are really helpful, up until the point that they get all the money and file the papers. Then they move on to the next paying client.
Your best bet would probably be to drop by her office and try to see her in person.

[kartoons19]

Just giving a different POV.
Hopefully she is just on vacation or something simple to explain her sudden drop off the map.
But the sad truth is, (at least from reading lots of posts here the last 3 years) there are a lot of lawyers that are really helpful, up until the point that they get all the money and file the papers. Then they move on to the next paying client.
Your best bet would probably be to drop by her office and try to see her in person.

No worries. I did ask her receptionist if she was on vacation, because I thought that as well, but she's not. Her office isn't that close, so I will call and just hope it works out. If it wasn't for the student loan disbursement and gift, I wouldn't be so anxious about it. Then again I wouldn't have had a reason to call her.

I agree, it is too bad that some lawyers change once the money is paid and the documents filed. But, I'm glad to read that there are lawyers that follow through. I just wish I had one of those lawyers.

[Exployer1234]

Thanks Employer. A packet would have been nice, but what I really need answered are some questions about my student loan disbursement and some jewerly I received after filing. The jewerly belonged to my mom, who died 2 1/2 years ago and my Dad recently found the jewerly and gave it to me. I should have enough exemptions to cover the jewerly, but the student loan disbursement concerns me. That is why the lack of communication from my attorney is so frustrating. Hopefully you were able to make some progress on your student loan situation.

What state are you located in? In some states you have a wild card you can use. In my state I could not have more than 4000 dollars in assets, which included cash. I did not have to use any wild card so I am not sure if my state has any. I had close to 7000 about 2 months before filing. I paid my lawyer, school expenses, and car expenses prior to filing. When I filed I had 4100 in assets, including cash. So hopefully that will help in whether you may have an issue with your student loan disbursement.

What I would do is pay your lawyer if you have not already paid them fully, pay any extra school expenses you can. Normally this will be expectable expenses if you are spending more than 500 dollars at a time. Stock up on food and other items that you will need. Do not spend more than 500 dollars at a time. The unfortunate thing is if you filed and had more than the state allows on state exemptions then yes you may have to give up some of your student loan money that was given to you.

On the issue with the jewelry: each state has a set amount which you can have in jewelry. I would have the jewelry appraised if you are not sure what the value is on the items. Sometimes the jewelry is worth more to us then what the value really is.

I hope that helps. You can look up also what your state exemptions are. Here is some information on the trustee role. Also you can do a google search for your state to find out what you can exempt and how much.

http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Chapter7.aspx

[kartoons19]

What state are you located in? In some states you have a wild card you can use. In my state I could not have more than 4000 dollars in assets, which included cash. I did not have to use any wild card so I am not sure if my state has any. I had close to 7000 about 2 months before filing. I paid my lawyer, school expenses, and car expenses prior to filing. When I filed I had 4100 in assets, including cash. So hopefully that will help in whether you may have an issue with your student loan disbursement.

What I would do is pay your lawyer if you have not already paid them fully, pay any extra school expenses you can. Normally this will be expectable expenses if you are spending more than 500 dollars at a time. Stock up on food and other items that you will need. Do not spend more than 500 dollars at a time. The unfortunate thing is if you filed and had more than the state allows on state exemptions then yes you may have to give up some of your student loan money that was given to you.

On the issue with the jewelry: each state has a set amount which you can have in jewelry. I would have the jewelry appraised if you are not sure what the value is on the items. Sometimes the jewelry is worth more to us then what the value really is.

I hope that helps. You can look up also what your state exemptions are. Here is some information on the trustee role. Also you can do a google search for your state to find out what you can exempt and how much.
http://www.uscourts.gov/FederalCourt.../Chapter7.aspx

I'm in Colorado and we don't have a cash exemption or a wildcard. Prior to filing I used my summer student loans to pay bills, the attorney, stocked up on food etc. On the day I filed, I had very little in cash in my accounts and on-hand, plus all of my assets were covered by exemptions. Since I filed I got the jewerly. I have $1100 left available to exempt and I'm sure that will cover the gifts, but I will get it appraised anyway.

I guess my question is do exemptions run throughout the bk process or just apply to filing day? People get paychecks and start saving money after filing without worrying about losing it. So I don't know why a student loan disbursement would be any different. If the exemptions applied through the 3-4 month process than I won't be able to have any money in the bank or onhand during that time, since CO doesn't have a cash exemption. My understanding is that the BK estate is established on filing day, but I keep reading that I may lose my recent disbursement. But the key is I didn't get the disbursement until after I filed. Hopefully I'm making sense because it has been a long day and I just want it to be over! Thanks for the info.

[Exployer1234]

Personally I think you are fine. The BK process is based on the snap shot on the day you filed. Not after you filed the paperwork. Then again I have been hearing some horror stories of people who have a trustee that basically questions everything. Here is Colorado's exemptions.

http://www.bankruptcyinformation.com/CO_exemp.htm

Why I do not think that the trustee will not question you is because your job situation has changed. You need to somehow get your lawyer to amend your BK petition to show your income has now changed though. This will cost extra money to amend this information.

[kartoons19]

Why I do not think that the trustee will not question you is because your job situation has changed. You need to somehow get your lawyer to amend your BK petition to show your income has now changed though. This will cost extra money to amend this information.

Agreed. That leads me back to the attorney who is MIA! I called her last week to let her know I was laid off. Oh well. It will be over soon. I just hope I see "no distribution" on Pacer!

[tobee43]

is there anyone else in her office? of does she practice alone?

i still would put your concerns in writing for a few reasons.

first, to put her on notice, and second to let the court see what position she has put you in. that way, just in case, they will most likely be very understanding if you had to have more time to find and retain another attorney. i know it takes time....but you know those courts they just LOVE that paper trail and trial!! LOL...i'm just suggestiong you "cover" yourself since at the moment no one else is...

[kartoons19]

Thanks for the suggestions Tobee43. I did email her my concerns on Friday. The tone was professional yet stern. I reiterated the changes that have happened since filing (which I also left in a voice mail) and asked for a response. She works for herself. Her office has other attorneys and types of businesses in it, but each is independent. There is a receptionist for the entire office. I asked the receptionist if she was on vacation, but she said she wasn't. So there is really no one else to contact except her. I will do as you suggest and put it in writing again versus calling her. If my situation hadn't changed, I wouldn't even need to talk to her, but it has and I do feel uncomfortable about the 341. Thanks again.