Going alone to 341?

[dealingsdone]

I've decided that my lawyer is fairly incompetent but he did give the option to go to the 341 meeting alone and will take $500 off his fees if he does not have to attend.
MY QUESTIONS:

1.Is this a terrible idea? My impression is it is likely to be me and the judge but I really don't know what to expect.

2. What type of questions will I need to be prepared for? I'm going to ask my lawyer this question too, but I wanted to get some imput here as well.

Thanks,
Dealingsdone

[percy]

Good thread, I wondered what the standard questions are at the 341. I saw someone on here post that they were asked if they had SOLD ANYTHING in the last 2 years, DO THEY ALWAYS ASK THIS as a rule or is it different for each trustee. I have sold a lot of stuff over the last 2 years at yard sales and swap meets over the last two years to make ends meet, is that an issue?

[OhioFiler]

There will be a trustee present, not a judge. The US Trustee may appear as well. I'd let my attorney stay home for $500, especially if I thought she were incompetent.

[AngelinaCatHub]

Check this post as it is fairly accurate.

http://www.bkforum.com/showthread.php?t=46686

Saving $500 on the jerk is a good deal. You won't be there too long anyway. It sure looks bad on your lawyers part though. 'Hub

[JimKutkowski]

What kind of crummy attorney does that? What district are you in? I'd get filleted for that if I pulled that here.

[percy]

Sounds like a crummy atty indeed, I just had my first interview with an atty and he was a super nice guy and comes with some VERY GOOD referrals from others who used him. He told me 1300 to file 7 which includes all court costs etc. So we talked a bit and I left and when I got home I had an e mail from him:

"It was a pleasure to speak with you this morning. After reflecting on your situation, I have decided that I will split the cost of filing with you which will lower your cost to $650. I hope that helps. Also, would you please e-mail me your address so that I can complete the fee agreement and e-mail it out to you."

Super nice guy.

[dealingsdone]

What kind of crummy attorney does that? What district are you in? I'd get filleted for that if I pulled that here.

I'm in Los Angeles. Clearly this attorney is not steller. Is he breaking a rule by allowing/encouraging me to go to the 341 alone?

[JimKutkowski]

I'm in Los Angeles. Clearly this attorney is not steller. Is he breaking a rule by allowing/encouraging me to go to the 341 alone?

Not sure. Out here I'd be hauled into judge's chamber for not sending an appearance attorney.

[killinstinct]

You will have to answer the questions anyway, not your attorney. If you case is pretty straightforward, I'd go with it. You can always cry foul later if things go sideways. ;)

[destitute]

Just make sure everything on your schedules is correct and bring any documentation you may need to answer questions. In my 341 the tt spent a lot of time going over the titles for all vehicles to make sure the liens were recorded properly. You likely won't need any paperwork you bring but if you need something you'll be glad you brought it!

[mamaluv]

If my attorney had offered $500 not to go I would have jumped on it. They actually sent a stand in and the only thing she said during the meeting was 'my name is jane doe representing xyz law firm' The rest was just me answering questions. Then she said bye & good luck.

[JimKutkowski]

If my attorney had offered $500 not to go I would have jumped on it. They actually sent a stand in and the only thing she said during the meeting was 'my name is jane doe representing xyz law firm' The rest was just me answering questions. Then she said bye & good luck.

Good grief. This is what makes this brand of law so maligned. I've sent an appearance attorney before but they are on the prep phone call so they can answer questions if need be.