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Anyone have a 341 adjourned or go through a 2004 deposition?

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  • Anyone have a 341 adjourned or go through a 2004 deposition?

    I am reading over our lawyers additional fees and some are really expensive.
    Has anyone gone through any of these, and how did it happen?

    A minimum of $900 to attend any adjourned or rescheduled 341 hearing.

    A minimum of $1300 to represent in relation to preparing and/or attending each 2004 deposition plus and hourly rate for any follow up work.

    Gulp. How do you come up with all the extra money? Can you go by yourself?

  • #2
    Originally posted by adviceplease View Post
    I am reading over our lawyers additional fees and some are really expensive.
    Has anyone gone through any of these, and how did it happen?

    A minimum of $900 to attend any adjourned or rescheduled 341 hearing.

    A minimum of $1300 to represent in relation to preparing and/or attending each 2004 deposition plus and hourly rate for any follow up work.

    Gulp. How do you come up with all the extra money? Can you go by yourself?
    You my friend, have a greedy lawyer. Your extended 341 I would put back upon your lawyer. A 2004 is a hearing by your Trustee and he will hire an attorney to hear you. We went upon our own. It was simply tape recorded, not sworn in, and he asked us questions as to where we paid and how we paid a preferential insider payment. That was all. There are things you can do without your lawyer. Especially if he wishes to milk you and is not working in your best interest. If he had his "ducks in a row" the simple 341 would have been a five minute session. Don't pay that extra. Your lawyer should have known your history. THAT BEING SAID, now if you did not tell him all, reverse everything I said. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.


    • #3
      yeah, i'm with 'hub. i think lawyers generally include any adjourned 341's in their flat fee. i actually don't believe they can be allowed to charge more for an adjournement - then they could really sabotage you by "forgetting" something to get the date adjourned.

      it's just crazy. i don't know if you filed yet, but if you didn't i'd go find myself another lawyer.
      filed ch7 May 09
      341 june 09
      discharged, closed Aug 09


      • #4
        I had two 341's. Not because I wasn't prepared, but because the UST and the panel trustee needed additional time to review all the documentation (2000 pages). My attorney attended both 341's with me and did not charge one penny extra.

        Having said that, I see on quite a few posts that many 341's are rescheduled because the attorney did not file the right documentation. Why would you put yourself in the position of having to reward (pay extra) an attorney that did not properly do their job? Of course, as Hub says - if it is a result of you not providing all the facts, then that is a different matter. But that seems to be a rare event.

        The 2004 hearing is a horse of a different stripe. That is something that is unusual and if you have one and want your attorney there, then he/she needs to be compensated.
        Filed CH 7 9/30/2008
        Discharged Jan 5, 2009! Closed Jan 18, 2009

        I am not an attorney. None of my advice is legal advice in any way..


        • #5
          Your attorney needs one less client...You!

          Look for someone else, he is screwing his clients.
          7-2-2009 Filed
          8-28-09 341 Concluded, no assets
          10-28-09 DISCHARGED/CLOSED!!!!


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