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What happens if you can't make the 341

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    #16
    Originally posted by indebt00 View Post
    We are a bit worried about my DH's work travel....what happens if he is supposed to be out of town on the date of 341?? I realize the importance and therefor am a bit worried.
    I am already worried about missing any work....long story there. I guess if we know ahead of time it would help...but whats he going to do...tell his work "sorry I have this meeting" a yeah.

    but anyway just curious....

    Hi all. This is my first post here so hopefully I do not violate any protocols.

    I am a new lawyer in my first year. I been to about twenty 341 meetings. I have seen it happen two times where the debtor didn't make it and got his case dismissed.

    It is a big deal to re-schedule the meetings and I have to work that day is not a good reason.

    Bottom line, don't miss your meeting (and don't be late).

    What I suggest is this: The 341 meeting is scheduled at the time you file the case and it set about 30 days out (depending on the calendar). You can pick the day you file so that your schedule is open starting 25 days out until 40 days out. That way you have a two week window where the 341 meeting would likely be. Just file your case when that window is free of trips.

    That is what we have done in our office when there is going to be an issue with attendance at the 341. To gauge it even closer, we have filed a case which will assign a 341 meeting date. Then a case filed immediately after usually gets a 341 meeting date the same day or on occasion, the next day.

    newBKlawyer
    ---
    Note: While I am a lawyer, I am not your lawyer so anything I post is my opinion and not legal advice and no attorney - client relationship has been formed.

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      #17
      How much notice do you need to set a vacation date? As soon as you get your 314 date, could you set vacation around it to "protect" it?
      1/15/10 Filed ch7 2/18/10 314 meeting
      2/22/10 Report of No Distribution
      4/20/10 Discharged 5/20/10 Closed!

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        #18
        Originally posted by pcn View Post
        How much notice do you need to set a vacation date? As soon as you get your 314 date, could you set vacation around it to "protect" it?
        we can not do that.....He can't take time off if business travel is already booked and I can't take any time off in the time frame we are worried about because my coworker is going to be gone for 2 weeks and I have to cover for her...therefor neither of us can take this certain time off.

        anyways...we are going to file a few days later and we should be fine....

        I appreciate everyone's suggestions.

        Filed July 09
        Confirmation - June 2010
        Final Payment - June 2014 - 7/2/14 DISCHARGED

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          #19
          Like another person said, our attorney told us the date of our 341 on the date that we filed. At our 341, any debtors that were no shows were just rescheduled there and then and the attorney took down the date change. It seemed fairly normal with our trustee to do that. As far as my work goes, I am on call 6 days a week and I was praying I wouldn't get called in to work the day of my 341. Luckily, I didn't but I was gonna tell them that I had a court hearing if they did call and that way they would call in someone else.
          CH13 filed 5/21/09; 341 6/17/09; confirmed 7/14/09]
          Discharged: 7/25/12

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            #20
            I was unable to make my original 341

            Due to a business trip, of which my Lawyer had been informed of prior to filling my Chap13. I was unable to make my original 341 date.. it was either go on the trip or loose my job...which would have made the whole 13 useless...
            anyway my lawyer went by herself, explained the situation and my trustee was able to reschedule me a month later... wheew! I had the meeting today... quick 5 mins.. all done..
            Filed 7/17/10 1st 341 8/17/10 2nd 341 9/16/10 1st confirmation 10/06/10 2nd confirmation 11/10/10 Bar Date 11/15/10 3rd and final confirmation hearing Dec 8 and acceptance of plan Dec 29 2010....

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