Chapter 7 341 Meeting Absence

[cz3ch]

I originally filed for Chapter 7 on 9/30/12 and since then my lawyer has filed a motion to convert me to a Chapter 13 due to a change in expenses. My initial Chapter 7 creditors meeting was slated for 11/08/12. My lawyer has contacted the trustee to excuse me from the meeting and will be filing a motion as well. Today she contacted me letting me know the meeting won't happen since she didn't file the necessary forms for the trustee to conduct the meeting, thus forcing him to reschedule to a time (after my case has been converted) thus rendering the meeting moot. She said if need be she will make an appearance for me and let the Trustee know that we are converting to a Chapter 13.

My question is if I'm not present on that day (even though my lawyer said I won't need to be) what's a possible outcome to my case for not showing?

I'm sure my lawyer knows what she's doing but I'm just trying to cover all my bases and settle the worry that I already have.

Feedback and advice is appreciated.

[justbroke]

I would not worry about this since your attorney told you that they would appear. The worse case is that the Trustee just continues your case as normal. The other case is that the Trustee seeks to dismiss your case. However, you are converting, so your Attorney is contacting the Trustee and informing them of the conversion to Chapter 13. You would need a new 341 Meeting anyhow.

I don't see any problems or any need to needlessly worry.

Please relax.

[cz3ch]

I would not worry about this since your attorney told you that they would appear. The worse case is that the Trustee just continues your case as normal. The other case is that the Trustee seeks to dismiss your case. However, you are converting, so your Attorney is contacting the Trustee and informing them of the conversion to Chapter 13. You would need a new 341 Meeting anyhow.

I don't see any problems or any need to needlessly worry.

Please relax.

Thanks for your feedback, JB. That's what I figured the possible outcomes might be. Just wanted to be more informed. I'll do my best to relax and let the lawyer do her job

[Fleischman]

The failure to file documents in a timely manner is a concern, though. Under the Code, you've got responsibilities. A failure to perform could be grounds for dismissal of your case.

Given the fact that your lawyer has failed to keep you in compliance, I'd ask to see the letter he or she sent to the trustee requesting the adjournment to allow you to convert. Remember that there is no automatic right to convert from Chapter 7 to Chapter 13, so this isn't fool-proof.

Overall, if you can't get proof that your lawyer is doing what's required I'd show up to the 341 - just in case.

[cz3ch]

The failure to file documents in a timely manner is a concern, though. Under the Code, you've got responsibilities. A failure to perform could be grounds for dismissal of your case.

Given the fact that your lawyer has failed to keep you in compliance, I'd ask to see the letter he or she sent to the trustee requesting the adjournment to allow you to convert. Remember that there is no automatic right to convert from Chapter 7 to Chapter 13, so this isn't fool-proof.

Overall, if you can't get proof that your lawyer is doing what's required I'd show up to the 341 - just in case.

Thanks for your feedback and advice, Fleischman. I'll talk to the lawyer regarding the adjournment. I'll be honest at this point the bankruptcy has me so stressed out (little sleep, weight loss, etc) that if it did get dismissed I probably wouldn't lose any sleep over it. I'm just trying to take this day by day and hope that everything works out ok.