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Attorney didn't show to creditor meeting!

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  • Attorney didn't show to creditor meeting!

    Hello,

    My creditor meeting was scheduled for yesterday at 9:00 am. At 9:05, I texted my attorney's assistant because he had not shown up and I was the only one there without representation.

    She he texted me back that she just found out that the attorney had injured his knee and was going to ask for a continuation. I let her know I was unhappy with the lack of communication. My attorney then called me and said he would participate by phone since I was there and ready to go.

    i waited two hours for my name to be called only to be told by the trustee that my attorney could not participate by phone and it was continued to Jan. 3. I took three hours off of work (it's a temp job so I'm out that money).

    I'm not sure what to do at this point. He offered to pay the rest of my court fees for the inconvenience but I already paid them in full. Is it possible to switch attorneys at this point or should I just hope he bothers to show up on January 3. I thought it was kind of a big deal to not show for court appearances.

    Thank you for your advice.

  • #2
    Don't switch as that would cost you more money and likely extend the timelines. Ask the attorney for a reimbursement of their fee(s) rather than pay what the attorney thought was an outstanding filing fee. The reimbursement should compensate you for the 3 hours of work that you missed (at least) plus parking.

    For what it's worth, the 341 Meeting is not a court hearing. It's specifically not held in a courtroom and not before a judge. It is simply a type of deposition under oath to review your filing and to allow creditors a chance to question you under oath in a smaller setting. It's actually called the Meeting of Creditors (11 USC 341).
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

    Comment


    • #3
      Thank you for the response and clarification. I was so shocked by his unprofessionalism and will hope for the best on the 3rd.

      Comment


      • #4
        Originally posted by Mosaic2018 View Post
        Thank you for the response and clarification. I was so shocked by his unprofessionalism and will hope for the best on the 3rd.
        Usually, when an attorney can't show for a 341 Meeting (or even a hearing) they use another lawfirm as a stand-in. It's quite common for the stand-in, but it is uncommon for you to be forgotten.

        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog


        I am not an attorney. Any advice provided is not legal advice.

        Comment


        • #5
          Considering he canceled the two appointments I had with him at the last minute, I guess I shouldn't have been surprised. I've never met with he or his staff throughout the whole process.

          The Trustee said to be sure I had my tax return and bank statements with me on the 3rd....something my attorney never bothered to tell me. Wish I had found this forum before today!

          Comment


          • #6
            Originally posted by Mosaic2018 View Post
            The Trustee said to be sure I had my tax return and bank statements with me on the 3rd....something my attorney never bothered to tell me. Wish I had found this forum before today!
            Well, you should have already submitted the information through your attorney. Most of the users here on BKForum recommend that you still bring a copy because the Trustees seem to always misplace their copy of that information. Many people never meet their attorney until the 341 Meeting, and even then, as I have personally witnessed many times, the stand-in attorney shows up and typically knows nothing about the specific case. This is why the so-called bankruptcy mills got a bad reputation from 2008-2014. They were more concerned with cranking through cases (making millions) than the cases themselves. I digress.

            It does read as though this attorney has issues keeping appointments. You should be upset or at least concerned.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog


            I am not an attorney. Any advice provided is not legal advice.

            Comment


            • #7
              I did submit my tax return and bank statements to my attorney prior to filing. I wasn't told that I would have to bring those to the creditor meeting until the trustee told me. it seems like the attorney should have that information with them.

              Comment


              • #8
                They "should" have a copy with them, but remember how I said that they sometimes send a stand-in (who typically does not have the case file), the Trustees lose the information, or no one knows where it is located. That's why I recommend that, personally, you always come prepared to the 341 Meeting with copies of everything that you gave to the attorney.
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog


                I am not an attorney. Any advice provided is not legal advice.

                Comment


                • #9
                  I agree that they should just cut you a check for your time & emotional upset, having to go through the mental preparation for the 341 meeting *twice* now. I'd put a number on that, and request it in writing. Not saying they will do what you ask, but it is definitely worth it to request -- and not unreasonable at all, considering the circumstances.

                  Comment

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