BK Trustee my biggest debt collector ever

[justbroke]

So the trustee is then considered "the" attorney?

The Trustee, if employed by the Estate to liquidate the Estate, is the Attorney for the Bankruptcy Estate.

[mountanddo]

Ok, well that leads me to my other question. From what the OP posted it doesn't sound like any attorney attended his 341. Doesn't someone from the attorney office have to attend even if it isn't your attorney?

[justbroke]

Ok, well that leads me to my other question. From what the OP posted it doesn't sound like any attorney attended his 341. Doesn't someone from the attorney office have to attend even if it isn't your attorney?

Personally, if I were at the 341 Meeting, had assets, and my attorney was a no show, I'd ask the Trustee to either call me later and/or to continue the meeting. In the end, as HHM pointed out, it wouldn't matter anyway if there are assets that the Trustee believes are exposed. As for the attorney not showing up -- or a "stand in" attorney -- that's certainly something that should be addressed with the attorney in question. (Substitute "stand-in" attorney attendance is quite common, especially in larger firms.)

For what it is worth, this case would probably raise eyebrows of most (panel) Trustees. The existence of non-exempt real property (assets) is always something interesting to the Trustee. If the Trustee feels these are undervalued on the Schedules, the Trustee will try to get them appraised and seek to liquidate them. I think this is just a valuation issue, not so much a claim of exemption. Then again, I'm not the Trustee.

[tobee43]

i'm certain i have little to add here.

but there is one thing that keeps clicking me on the back of my shoulder and that is WHERE THE HECK WAS THE ATTORNEY!!!!!!!!!!!!

as the OP pointed out, he paid a pretty last penny to have good representation, which most of those going through the tunnel of a chapter 7 asset case would certainly chose to hire to protect them in any and all ways possible.

personally, i would throw this back to into the law firm's hands to handle this situation and take care of it.

to the OP, i understand and most people do, that filing a bankruptcy is no easy task, neither emotionally, or in some cases financially. you do become exposed completely. your atty should have reviewed your petition down to the last and final detail and gone over every single possibility with you so there are no surprises.

asset cases are always, at first shocking, distressing, and especially when one is unprepared, such as you were. as pointed out by HHM and JB, this is business as usual in many asset cases.

i would still go back to the atty, i can't believe you were left to go to court on your own and then get drilled by the trustee.

if you atty didn't show up, i personally would have asked the trustee to postpone due to the fact you had a no show atty. this will work out for you, it will just take a longer time period. what is unfortunate is that your atty must have seen your assets and known this may be something that would happen. or, maybe not, that's another issue.

[debtprison]

This just goes to show that you cannot simply trust your attorney to handle everything. You should try to make sure your attorney is a good one and you should at least familiarize yourself with the basics of what is going on. Especially if you are told it will be an "asset case". I know that doesn't help you now and I'm sorry. Would it be beneficial to try to turn it into a Chapter 13 or dismiss it at this point? Can you do that? Perhaps someone else can help more.

[debtprison]

Personally, if I were at the 341 Meeting, had assets, and my attorney was a no show, I'd ask the Trustee to either call me later and/or to continue the meeting.

Yes, same here. If I'm paying an attorney then I would expect representation. If the attorney keeps not showing up then I would demand a full refund.

[HHM]

Yes, same here. If I'm paying an attorney then I would expect representation. If the attorney keeps not showing up then I would demand a full refund.

That's all well an good, but you wouldn't get a refund for failure to show at a 341 meeting. Even if you went and complain to the state bar, 100% of fee is earned when a case is filed. Also, there is NOTHING for the attorney to do at the 341 meeting, the 341 meeting exists for the sole purpose to allow the trustee and creditors to question you, if your attorney was there, all he would say is, "answer the questions." Keep in mind, NOTHING happens at the 341 meeting, it is not a court hearing.

Don't get me wrong, the attorney or a stand in should have been there, but the failure to be their, in the grand scheme things wouldn't have changed anything.

[tobee43]

That's all well an good, but you wouldn't get a refund for failure to show at a 341 meeting. Even if you went and complain to the state bar, 100% of fee is earned when a case is filed. Also, there is NOTHING for the attorney to do at the 341 meeting, the 341 meeting exists for the sole purpose to allow the trustee and creditors to question you, if your attorney was there, all he would say is, "answer the questions." Keep in mind, NOTHING happens at the 341 meeting, it is not a court hearing.

Don't get me wrong, the attorney or a stand in should have been there, but the failure to be their, in the grand scheme things wouldn't have changed anything.

really?? and what if a creditor had shown up??? i'm going to have to totally disagree with you on this one, ( a rare happening for me) when you pay an atty, and you are explained the process, (which includes the 341, which most consider a "hearing" of sorts), i'm certain that the OP was never told he/she (atty) had no intention of showing up at the 341 without notice to the client.

after all, anyone can FILE, if one chose to go pro se, as opposed to paying someone to help you through the process at least one would be somewhat perpared for going it alone.

and, please don't tell me you never showed up for a client in court when they expected it, because i wouldn't believe that for a moment!

[lillymarlene]

That's all well an good, but you wouldn't get a refund for failure to show at a 341 meeting. Even if you went and complain to the state bar, 100% of fee is earned when a case is filed. Also, there is NOTHING for the attorney to do at the 341 meeting, the 341 meeting exists for the sole purpose to allow the trustee and creditors to question you, if your attorney was there, all he would say is, "answer the questions." Keep in mind, NOTHING happens at the 341 meeting, it is not a court hearing.

Don't get me wrong, the attorney or a stand in should have been there, but the failure to be their, in the grand scheme things wouldn't have changed anything.

I was lucky I guess, when I had my 341, that I had good representation. My attorney attended my 341, and when I answered the trustee's questions, he added to some of my answers. He really was a lot of help and he also had copies of and brought all of my documents, even though they were never referenced. I think it made a difference having him there.

To the OP, that is awful that your attorney didn't show up. But now all you can do is figure how you will get through the rest of this.

[nohoneymoney]

I was lucky I guess, when I had my 341, that I had good representation. My attorney attended my 341, and when I answered the trustee's questions, he added to some of my answers. He really was a lot of help and he also had copies of and brought all of my documents, even though they were never referenced. I think it made a difference having him there.

To the OP, that is awful that your attorney didn't show up. But now all you can do is figure how you will get through the rest of this.

I have to agree with this post. Our attorney was a great help at the 341 meeting as he did address the trustee's questions and/or added clarifying information to my answers. IMO he added creditability with the trustee that our application was complete and accurate. Whether I directly paid for his time at the 341 meeting or not, it was clearly stated that he would be there as part of the overall BK7 package.