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Weird 341 Experience - attorney no-show!

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  • Weird 341 Experience - attorney no-show!

    Hi All,

    Last week, we had our 341 meeting and our attorney didn't show. Anyone experience this? I am wondering if this is a rare situation or common?
    Last edited by hnhlvr; 05-07-2013, 01:09 AM.

  • #2
    Did you contact your attny to find out why he/she was a no-show? If the fee you paid included such representation I would think you would be entitled to a partial refund.

    Assuming the fee agreement did not specifically state the attny would not show up, he/she/someone should have been there for you. If no one showed up something must have happened (not calendared correctly, traffic issue, emergency etc.)

    Des.

    Comment


    • #3
      Damn lawyers!
      Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

      Comment


      • #4
        Hi,

        When we were at the 341, I kept looking for the attorney and asked the other attorneys there if they knew about my attorney and nobody was subbing for him so I called the office and after being on hold for five minutes, another attorney came on the phone and said that nobody was going to be there to represent us, due to a misunderstanding, and we could file a continuance or represent ourselves. We chose the latter.

        We paid quite a bit of money to the attorney and expected full representation. So, a partial refund is in order, correct? Would this be something I should limit to expecting a partial refund or should I file a complaint? Also, now this is considered "money owed," but is clearly not a lot of money and would go to pay the remainder of our court costs, so it'd be okay cashing the ck and just paying the court, correct?

        Comment


        • #5
          Originally posted by hnhlvr View Post
          Hi,

          When we were at the 341, I kept looking for the attorney and asked the other attorneys there if they knew about my attorney and nobody was subbing for him so I called the office and after being on hold for five minutes, another attorney came on the phone and said that nobody was going to be there to represent us, due to a misunderstanding, and we could file a continuance or represent ourselves. We chose the latter.

          We paid quite a bit of money to the attorney and expected full representation. So, a partial refund is in order, correct? Would this be something I should limit to expecting a partial refund or should I file a complaint? Also, now this is considered "money owed," but is clearly not a lot of money and would go to pay the remainder of our court costs, so it'd be okay cashing the ck and just paying the court, correct?
          Definitely request a refund. Filing a complaint should be a last resort if your attorney is not willing to do what is right. If your fee agreement included representation at the 341, your attorney is not likely to refuse to issue a refund. Here's some info on dealing with attorney fee disputes: http://www.calbar.ca.gov/Attorneys/L...ernatives.aspx

          If you want the fee applied to court fees, I suggest you ask your attorney to pay the court directly. Makes it simpler for you.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

          Comment


          • #6
            This happened the first time I attempted to file Ch 13. When I called the office his assistant wanted me to ask one of the random lawyers there to sit in with me in order for the trustee to review my info. Luckily I did, because in just a few minutes of looking at the paperwork she was able to find two huge errors my attorney made. Safe to say I had that Ch 13 dismissed and waited some time later and refiled with a firm that specializes in bankruptcy.

            Comment


            • #7
              Originally posted by LadyInTheRed View Post
              Definitely request a refund. Filing a complaint should be a last resort if your attorney is not willing to do what is right. If your fee agreement included representation at the 341, your attorney is not likely to refuse to issue a refund. Here's some info on dealing with attorney fee disputes: http://www.calbar.ca.gov/Attorneys/L...ernatives.aspx

              If you want the fee applied to court fees, I suggest you ask your attorney to pay the court directly. Makes it simpler for you.
              My agreement specifically said that an attorney would be present at the 341 and futhermore, it states that if *I* do not show up, I have to pay additional money to my attorney for a new meeting date. The refund amount will be greater than how much I owe to the courts, so they would have to mail me a check, either way. Thanks for the link. I'll take a look at it right now.

              Comment


              • #8
                Originally posted by Nursemikki View Post
                This happened the first time I attempted to file Ch 13. When I called the office his assistant wanted me to ask one of the random lawyers there to sit in with me in order for the trustee to review my info. Luckily I did, because in just a few minutes of looking at the paperwork she was able to find two huge errors my attorney made. Safe to say I had that Ch 13 dismissed and waited some time later and refiled with a firm that specializes in bankruptcy.
                Oh no. What kind of attorney did you originally hire (as in what kind of firm what was it)?

                Comment


                • #9
                  According to his website he provides all the following services (sure wish I had found this site before running across him):

                  Adoptions

                  Bankruptcy - Personal and Business - Chapter 7, Chapter 11, Chapter 13

                  Contracts and Drafting of Documents

                  Criminal Defense - State and Federal Courts - Felony and Misdemeanor

                  Custody Disputes

                  Dissolution and Divorce Matters , Civil Unions

                  Divorce Mediation

                  DUI and All Traffic Matters

                  General Civil Litigation Matters Involving Court

                  Guardianship - Minor and Adult

                  Juvenile Court

                  Name Changes

                  Paternity / Parentage

                  Real Estate - Personal and Commercial

                  Secretary of State Proceedings

                  Support and Nonsupport

                  Wills, Trusts, Probate

                  Comment


                  • #10
                    Originally posted by Nursemikki View Post
                    According to his website he provides all the following services:

                    Adoptions
                    Bankruptcy - Personal and Business - Chapter 7, Chapter 11, Chapter 13
                    Contracts and Drafting of Documents
                    Criminal Defense - State and Federal Courts - Felony and Misdemeanor
                    Custody Disputes
                    Dissolution and Divorce Matters , Civil Unions
                    Divorce Mediation
                    DUI and All Traffic Matters
                    General Civil Litigation Matters Involving Court
                    Guardianship - Minor and Adult
                    Juvenile Court
                    Name Changes
                    Paternity / Parentage
                    Real Estate - Personal and Commercial
                    Secretary of State Proceedings
                    Support and Nonsupport
                    Wills, Trusts, Probate
                    What's the old adage. . . "jack of all trades, master of none".

                    Des.

                    Comment


                    • #11
                      My exact thoughts also Des....

                      Comment


                      • #12
                        Why are you owing money to the court? My attorney included court costs in the fee. Make sure you are not paying court costs that your attorney had already agreed to pay in his fee. He should refund you for not showing, but I wouldn't pay any court fees until you are sure you will get that money back from him for not showing, if you can.

                        Comment


                        • #13
                          Thanks. I had paid the attorney a flat fee and then had to pay the court filing fees directly to the court.

                          Anyway, the attorney did give me a partial refund without any hassle. I don't know if I'm suppose to disclose the money to the trustee or what, but I have much less money in my bank account than I did when I provided my last bank statement for filing, so I guess I'm okay?

                          Comment


                          • #14
                            Originally posted by hnhlvr View Post
                            the attorney did give me a partial refund without any hassle. I don't know if I'm suppose to disclose the money to the trustee or what
                            I'm glad the attny did the right thing. The Trustee has no interest in the funds returned. You became "entitled" to them post filing. Not a problem.

                            Des.

                            Comment

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