Attorney wants to change 341 meeting date...

[MC9199]

It was scheduled for 12/28 - he did warn me when I filed that he might have to change it if the assigned date was while he would be on vacation.

Since the new date will be probably mid-January, does this change anything regarding income or taxes...specifically - I usually get a couple thousand back from the IRS, should I take any steps to exempt this?

He said he could have another attorney cover for him if I wanted to keep the original date, but the substitute attorney would not be familiar with my case (not that it is all that complex anyway.)

I don't really mind having to change the date, unless someone here can give me reasons to keep the assigned date.

Can the automatic stay be lifted due to a 341 meeting date change?

Thanks.

[justbroke]

You probably should have already exempted the anticipated income tax refund. I don't think it materially matters that your 341 Meeting is on 12/28 or 1/28/2009. It's when you became entitled to it. Since you probably filed in November, the Trustee is potentially entitled to 10 month's worth of it, unless exempted or already included in your income calculation.

The automatic stay isn't lifted until the earlier of the case closing, a dismissal, a conversion, or a granting of relief from the automatic stay.