Advice Please - 341 in 5 days and haven't completed paperwork

[nojusticehere]

I need some sound advice please. As some of you may have read, I am having to file a 13. My 341 is on Monday, March 17, and I haven't heard from my atty. We originally filed a 7, but the trustee said that I didn't qualify based on the information filed and that my atty needed to show why I shouldn't file a 13. Well, after my atty recomputed, a 13 is warranted at about $488 per month. M atty said "Ill get the paperwork done and give you a call to come in review it, and sign". Well that was over 2 weeks ago. I have called nearly everyday now, including today, and he's not returning my calls. I explained, again, to his receptionist, that I'm very concerned that I haven't heard from him.

I know I could retain another atty, however, I don't have another $3000 to pay out. Would another atty require this amount since the original case has already been filed and all I'd need is to amend to a 13?

I'm really freaking out here!! If I don't hear from my atty this week, I guess I still show up to the 341 on Monday?? If he doesn't get my amended info filed, does that mean my case will be dismissed? I know if this happens I can sue my atty, but what about my BK? This is MY LIFE we're dealing with here!!!

[coma]

Go to his office.

[nojusticehere]

Go to his office.

Ok,I go to the office. .....then what? Tie him to his chair and make him do it? My question is, if this doesn't get done in time, and filed, will my case be Dismissed? And what alternatives do I have?

[HHM]

Your chapter 341 meeting is pointless because that is the 341 for your chapter 7. Keep in mind, it is the US trustee that is saying you need to be in a 13, your chapter 7 trustee could care less.

Granted, you need to get in touch with your attorney, but at the same time, nothing bad is going to happen at or as a result of the chapter 7 341 meeting, the chapter 7 trustee nor the US trustee can dismiss your case on the spot. When/if you are converted to a chapter 13, you will have another 341 with the chapter 13 trustee.

[nojusticehere]

Your chapter 341 meeting is pointless because that is the 341 for your chapter 7. Keep in mind, it is the US trustee that is saying you need to be in a 13, your chapter 7 trustee could care less.

Granted, you need to get in touch with your attorney, but at the same time, nothing bad is going to happen at or as a result of the chapter 7 341 meeting, the chapter 7 trustee nor the US trustee can dismiss your case on the spot. When/if you are converted to a chapter 13, you will have another 341 with the chapter 13 trustee.

Thank you HHM so much! I was so afraid that this would cause a huge mess and I would have to wait for another 6 months if my case was dismissed! I will continue to try and get in touch with my atty. I will call again tomorrow and if no answer or return call I WILL go to his office Wed!!! If the 13 paperwork is filed in time, will I still have the 341 on Monday? or will it be rescheduled because I'm converting?

[HHM]

Still "plan" on attending the 341 meeting. But once the case is designated a chapter 13, you will get a new date for a 341 meeting. If that designation happens before next weeks 341, you should not need to attend, but unfortunately, that is a decision you need to make in consultation with your lawyer.