Likelihood Of Continuance At 341???

[jamesd1967]

How likely or unlikely is it for the trustee to "continue" a 341 hearing for a case??? If so, what would be the cause of the continuance??? I want to make sure that everything is prepared correctly. See, I am moving the Florida the same day or the next day after my 341 and really can not be making a trip back to western/central Alabama for another 341........ I have found my attorney's office pretty much useless. I have not met with my attorney, nope, not one time. I would like to think that if I should bring some proof of my expenses he should let me know being that there is not ONE bank statement in that file. No bank statements, since there is no bank account. I have not had an active bank account since July of 2009. I would guess too long ago for the trustee to be concerned about it.

[AngelinaCat]

Hi James, I moved your post into the 341 Area for discussion.

Have you already filed? I would guess so if you have a 341 coming up. What paperwork did you give into the attorney? And what were you told at that time?

Good luck!

[jamesd1967]

My attorney has my pay check stubs for the past four months or so, credit report, lease, a few others accounts, tax returns for the past three years. The office has not said anything about having copies of my expenses. Will they need this???

[florida]

I went to my 341 last week and had to take social security cards, driver's license, & bank statements - but, the trustee only looked at our ss cards & dl. The never requested our statements.

However, for other cases - they reviewed that and alot more. Also, we weren't asked a series of questions that others were....I guess maybe it is on a case-by-case basis?

Good Luck & Stay Positive!

[mtbc]

While waiting for my 341, I saw a couple of people's continued because the trustee wanted copies of titles to real property and vehicles that they had.

[BKDefender]

jamesd1967: When you are at the 341 meeting, make sure to tell your trustee that you are moving next week and give him your contact information in case he or your attorney needs to get in touch with you. If the 341 meeting is continued, you can appear telephonically if you jump through some hoops. I just did this for a client that moved out of state two days after I filed their case. The steps are: As soon as you get there, you need to get your utilities setup or get a driver's license with your new address. You then need to have your attorney immediately file a change of address form with the BK Court, and contact your U.S. Trustee's office (not your chapter 7 trustee, but the actual UST for your area with the Dept. of Justice) and ask them what their process is for a telephonic appearance. In Nevada they request verification of new address with utility statement or driver's license. Once the request has been approved, you will need to have your attorney (or you do it if your attorney is useless) coordinate with the UST office closest to your new address. You would go into the UST office on the appointed date, verify your identify with them and they would place the call to your chapter 7 trustee location and you could appear by phone.
It's a big circus but it works.

--William

[jamesd1967]

http://www.alnb.uscourts.gov/forms/admin0506.pdf

can someone decypher this for me. What is it saying in laymen's terms.

[mtbc]

I am not a lawyer, but my impression is that the landlord has sought a judgment for possession so they can kick the tenant out, but because of the automatic stay from the bankruptcy, the tenant can still stay right now, and has to file that judgment with the court and then they pay rent to the landlord via the court clerk.

[jamesd1967]

ok, that was kind of my take on it also. It would have absolutely nothing to do with a completely different landlord in another state all together.