Did Our 341 Telephonically Today

[Run]

We could not afford to travel to our 341 meeting (as it would have cost hundreds of dollars since we live on another island), so we were able to do it telephonically today!

We had our reservations about getting everything filed on time as we had very little time to set it all up, but it worked out fairly well.

We only have one phone though, and hadn't thought to get another (borrow) for the meeting. So we ended up holding it between us and straining constantly! It fits though because we are always together!

We were lucky in that they called us and even paid the long distance charges which is not the norm! They also called right at the scheduled time and we didn't have to wait for anyone.

The trustee was in a hurry so I was dreading if I had to search through all our documents to answer a question, but he didn't ask us anything that required us looking at our paperwork.

It also worked out well in that we sent the final paperwork yesterday! So the final day for objections to appearing telephonically is Nov. 13th. But since no creditors showed up at the meeting in the scheduled place, they don't have much ground to object now.

Now we just have to get the form for our credit counseling to them, surrender a motorcycle, and send in the form that says that no one objected to our telephonic appearance within 15 days.

Hopefully everything goes smooth and we get this all discharged without objection soon!

[Cassiopeia]

Well first I ever heard of a telephonic 341! Where do you live, if that's not too personal to ask?

Congratulation!

[keepmine]

But since no creditors showed up at the meeting in the scheduled place, they don't have much ground to object now.

While creditor objections are rare, they lose no rights by not appearing at the 341. They have 60 days from the 341 to file written objections.

[Run]

We live in AK.

What I meant, is that though they may file an objection to our appearing telephonically, that would infer that they had a valid reason for us to appear only in person. The fact that they did not show up is very strong legal grounds for their objections to be dismissed (they did not even know that we were appearing telephonically). Not that they do not still have the right to object, just that they do not have a legal leg to stand on (since they didn't show up to question us in person at the 341). The process requires them to have a valid reason.

They have not even received notice of our appearing telephonically yet unless the trustee gave them that notice. We sent the notices out to them in the mail yesterday. Since they did not show up to question us, how can they claim to have any valid reason to require us to attend in person?

Of course they may still object on other grounds to the discharge in general, but not in my estimation (with any validity) to the telephonic appearance.

Does that make more sense?

[nc73]

My lawyer said it was possible only if it was medical. I would need a doctors note, etc. So not a problem with my wife calling from Scotland.

[Run]

The guidelines we went by specify in part:

i. Waivers have been denied for occupational reasons. In re Rust, 1 B.R. 656 (Bankr. M.D. Tenn. 1979);

ii. Active military service may be a sufficient cause to excuse attendance. In re Edwards, 2 B.R. 103 (Bankr. S.D. Fla. 1979);

iii. Serious illness, involuntary confinement or other reasons beyond the debtor's control excused debtor's physical presence. In re Vilt, 56 B.R. 723 (Bankr. N.D. Ill. E.D. 1986);

iv. A waiver will be required to excuse a spouse from appearing even though the appearing spouse has the most knowledge of their financial affairs; and

v. If a telephonic appearance can be obtained and authorized, it is preferable to a waiver of appearance or answers by interrogatories.

b. Debtor's counsel is encouraged to discuss with the debtor at their initial meeting the circumstances that will be considered when a determination is made whether to allow the telephonic appearance by the debtor. Advance planning is imperative to avoid dismissal for failure to appear. Planning for the debtor's appearance should include the following:

i. Whether the debtor will leave the state (either permanently or temporarily) within 20 to 40 days of the date the petition is filed (60 days in Fairbanks, Nome, Juneau and Ketchikan).

(1) Will the debtor be able to appear at a United States Trustee's office in another location if required for purposes of verifying identification and taking the oath?

(2) What alternatives are available in order to assure the debtor can physically appear? Include consideration of postponing date to object to discharge or to file dischargeability actions until debtor can attend.

ii. Will the debtor be unavailable by telephone because of incarceration, on a ship at sea, in a foreign country or because of physical incapacity by the time of the meeting of creditors? How long will the circumstance continue?

iii. What is the actual cost to the debtor of attending in person, i.e., airfare (including advance/saver fares, military hop or use of frequent flier awards), other transportation (ferry, bus), and accommodations, etc.

iv. How will the debtor pay for the call? Collect, calling card, reverse charges, operator assisted conference call or other method. The trustee or the United States Trustee will not pay for the call.

v. Will statements and schedules be completed and filed so that the request for telephonic appearance can be meaningfully reviewed?

vi. Will the debtor be able to refer to a copy of the schedules and statements and other documentation during the telephonic meeting?

vii. Are there creditors that will want to question the debtor in person?

viii. Will documentation be available to the trustee, the non-appearing debtor and to debtor's counsel? Documentation is often required by trustee, i.e., recorded documents, valuations, purchase documents, tax returns, etc., that will be needed in order to effectively conduct the questioning of the debtor by the trustee or creditors.

ix. Are there assets that the trustee may want to look at, i.e., jewelry, art work, collections, heirlooms, guns, motorcycles, etc?

(1) Are the items going to be moved out of state? To where? Are they necessary for the debtor's household use? Can the items be stored until the trustee can examine them? Does the debtor have pictures, appraisals or other documentation?

(2) When will the items be in transit and how are they being transported?

x. The debtors will be required to stand by for the meeting if necessary to accommodate previously scheduled debtors' meetings. Will the debtor be able to be contacted by telephone within a range of several hours?

xi. Cost to attend may require use of permanent fund dividend, exempt assets, vacation time, post-petition income, etc.

xii. What is the urgency? Can establishing venue in a new district by waiting the appropriate time save the debtor money in legal fees (i.e., defend for non-appearance including court hearings, but consider that attorney's fee for bankruptcy in some states may actually be lower) and the potential cost of returning to Alaska to attend the meeting.