Rescheduling a 341 meeting of creditors in Alabama

[Tired1424]

I filed for bankruptcy without knowing the particulars of the 341 hearing. I learned my hearing was scheduled on a date I'm going to be out of town (a trip scheduled for more than 6 months that will impact many others if I cancel - NOT a vacation). I notified my attorney immediately that I needed to reschedule (it would be about 30 days notice to the trustee). We're communicating by email because of availability so I haven't been able to discuss with him yet. Hoping I could get an answer here so I can sleep tonight

My attorney first replied he could reschedule, once, then sent another reply that has left the impression it is virtually impossible. I replied that the trip plans are not my own and I can't just cancel, he replied again that I should do all in my power to attend as scheduled. My stomach is rolling at the thought of bailing on this trip at what amounts to the last minute when it's been in place for so long. Is it really the end of the world to reschedule or just an inconvenience for the attorney in terms of paperwork - I thought with this much notice, literally just a few hours after the date was set, I would have intercepted too much work in terms of notifying creditors of the date. Advice varies online depending on the state - can't find how Alabama treats these?

[AngelinaCat]

Unfortunately, yes. The 341 is almost set in stone, as not only the trustee's time and assistants are involved, but also the paperwork going out from the court to your creditors will have to be changed.

About the only scenario that is excused that I have read of is when one of a married couple is deployed to a war zone, and the spouse at home has a Durable Family Power of Attorney, and can therefore answer for the absent spouse.

You did realize the problem early on, so I suggest going to the attorney's office in person and emphasis the importance of this out of town trip. Email will not suffice in this case, as the attorney will have already heard all of the excuses in the world about why the scheduled 341 is not convenient.

Good luck to you. Please report back and let us know how it goes.

[KCane28]

I was in the same situation as you. I had a trip planned and paid for and other people were also going. I had to cancel take a loss on the money. My Atty was just going to go and tell the trustee we couldnt make it. I didn't want any red flags flying around so I canceled my trip. I am very bummed but .... If this goes through it will be well worth it.