Attend by Phone???

[Referee06]

My Chapter 7 hearing is scheduled for the middle of November. I have a chance for a job that is out of the country. The people who are doing the hiring may want some in the position ASAP. My concern is if I tell the hiring people that I can't be in-country until the first part of December, I may lose the job! I was told by my attorney's assistant that I can "attend" the hearing by telephone if the Trustee approves it. Later I got an Email from my attorney telling me that I need to attend in-person. Question: has anyone heard of someone attending a Chapter 7 hearing by phone; is there a precedents on this? I have Emailed my attorney asking her to plead my case to the Trustee, i.e., I am trying to be a productive citizen and it I do get this job I will be able to pay the IRS what I owe them sooner. If she (my attorney) writes back saying that I need to attend the hearing in person, I am thinking about calling the Trustee myself; any thoughts on this? Thanks in advance.

[HHM]

First, do you have the job or not...if not, in your heart of hearts, how likely is it that you will get the job? Also, if the 341 is the "middle" of November, why would you have to wait until Dec. 1. to go. Did they give you date as to when they would make the hire?

It's not unheard of to attend the 341 by phone, but as far as I know, there is no way to force the trustee to allow it.

However, the attendance by phone is usually reserved for the infirm, disabled, and military.

There are several reasons why you need to attend in person, but one of the main ones is that the trustee needs to verify your identity.

It can't hurt you to call the trustee yourself...the worst that will happen is either they will say (1) you need to go through your attorney (since you are represented by council), or (2) they will simply say no.

[SinkingFast]

It can be done,.........

http://www.txs.uscourts.gov/bankrupt...eet_attend.pdf

That link explains Texas Court procedure. And Texas is known to be Debtor friendly.

Not all States and Districts are the same. Some Courts, with due notice, would allow for a continuance if you are unable to appear in person on the scheduled day, until such time as you could be present.

Most Courts, you would be required to appear in person or risk having your BK Dismissed, possibly With Prejudice.

I'd say, by your attny's hesitation to plead for a Motion to Continue your scheduled 341 Meeting, your Court is one that will require your presence to proceed.

Here's a link to the Rules governing the 341:

http://www.usdoj.gov/ust/eo/ust_org/...3/vol3ch05.htm

[treehugger1]

Thanks for the link. It is helpful to have some sense of what one might expect of the trustee in the 341. I know this off-topic, but the link to the meeting rules is great!

[Referee06]

Everyone, thanks for the replies. I haven't had the job interview as of yet but wanted to get as much information as possible regarding the 341 Hearing before the interview. The hearing is November 20. If I am hired, maybe I can negotiate with the hiring people to wait until a little after the 20th before I report to work.

[brainless twit]

If they wanted to you start immediately, you could always ask off for the date of your 341. Just tell them you have to be in court that day (or whatever other reason you'd prefer) and it was prearranged and cannot be moved or cancelled. Most places are pretty easy to deal with about those kinds of things.