Hearing Date - I will be out of town! Help!

[empireforest]

My wife and I filed Chapter 7 in Georgia this morning. My attorney tells me our hearing date will be set for about 4 weeks from now. Here are my questions:

1. How soon will we hear what date has been set? Is it typically set EXACTLY four weeks from the filing date, or is that just a ballpark?

2. Is there any flexibility with the date that is set? I am travelling on business and it will be very difficult for me to go home for the hearing AND keep my job.

3. Can I give my wife Power of Attorney and let her stand in for us both? If not, can a hearing date typically be rescheduled?

Thank you for your help.

[arkienurse]

I believe you can ask to have the 341 rescheduled one time only. I would make every effort to be there if at all possible. I saw cases dismissed at mine because they didn't show up and it was the second time.

[JRScott]

Why will you be out of town?

It is generally not best to ask for a reschedule of the 341. If it is a vacation, family reunion, wedding etc. then it is just best to explain that you can't come this year, and if necessary explain why. If it is work related I'd go to your boss and tell him the truth you have to be in court on that date and cannot be at work then, see if they can postpone or reschedule the work. If you are military and will be deployed I'd consult your lawyer as it might be possible for a spouse with power of attorney to represent you.

[danaf]

The power of attorney may work - ask your attorney. Also - try not to stress until you find out the actual 341 date. Typically 4 weeks is not set in stone, especially these days with so many filings.

[Stilltheone]

We also worried when our 341 meet would be scheduled. My husband was out of town 2 weeks in a month due to some schooling for his work. Turns out that our meeting was smack dab in the middle of his schooling, so he ended up rescheduling his schooling. We did NOT want to piss off the trustee.

We were told by our lawyer that we could NOT reschedule.

[BKParalegal]

The 341 notice is usually mailed about a week or 2 after filing, but in most districts, it shows up on PACER within minutes of filing, after they assign it to a judge and trustee. It is not the worst thing in the world to reschedule, but the fear is you miss the second one and your case is dismissed, doesn't matter if you were in a car accident etc. In the districts I work in both spouses have to physically be there, no matter what. I had a case where the husband was dying of Emphysema (literally dying,not a figure of speech. the guy had maybe 3 months to live) and the trustee demanded that he show up to the hearing. The attorney convinced the trustee to do the 341 in the hospital room, and we had to supply the court reporter.

Good luck

[bmrigs]

The 341 notice is usually mailed about a week or 2 after filing, but in most districts, it shows up on PACER within minutes of filing, after they assign it to a judge and trustee. It is not the worst thing in the world to reschedule, but the fear is you miss the second one and your case is dismissed, doesn't matter if you were in a car accident etc. In the districts I work in both spouses have to physically be there, no matter what. I had a case where the husband was dying of Emphysema (literally dying,not a figure of speech. the guy had maybe 3 months to live) and the trustee demanded that he show up to the hearing. The attorney convinced the trustee to do the 341 in the hospital room, and we had to supply the court reporter.

Good luck

Thats just a shame that some jerkoff of a trustee would do that to someone and Im sure there are trustees out there with a power trip.

[AngelinaCat]

Cali's husband is deployed overseas and so therefore could not attend, though its a joint filing. She said she took her Power of Attorney and everything was cool. I'm sure she will come in sooner or later.

Our filing date was 12/28/07 and our 341 was on 2/7/08.

[empireforest]

Thank you, Everyone

Thank you, Everyone. I am grateful that people on this Forum the time to reply and help each other out. It is heartwarming.

I am travelling for work, leading trainings out of state (contract work until November). The trainings I lead are a week long, so if I miss one day, I have to miss the entire week. It is difficult or impossible to replace me, so not only do I miss a week of pay, but I create a serious problem for my employer. So as you can see, it is very very difficult for me to get away.

However, based upon what everyone is saying, it sounds like I will need to find a way to make it work. Even if I can reschedule the 341, I would just be delaying the issue, since I am on this contract thru November.

I am hoping to find out my hearing date as soon as possible, so I can make my arrangements - I will need as much lead time as possible to work it out.

How soon do you think I will know my hearing date? (I filed on Friday)

Thanks again for your help.

[AngelinaCat]

Since you filed on Friday, nothing would show up on PACER before Monday at the earliest, and depending on the caseload in your district, probably not before 6:00 PM. Do you have a PACER account?

[empireforest]

No, I don't have a Pacer account...I'm not sure what that is.

[AngelinaCat]

Here is the link to a thread about PACER. You will need to set up an account; all the information is there. You will need to provide the appropriate information and all that.

http://www.bkforum.com/showthread.php?t=1011