341 Question

[NoName]

Our 341 hearing is next Wednesday (8/1). So far, we have only received minimal correspondence from our attorney or the bk court. Neither the attorney nor the papers we received from the bk court mentioned us needing to bring bank statements or anything like that -- just our DL and SSN cards. In fact, when I asked the paralegal about bank statements she said we would not need them. The only paper we have received so far was the official notice of our filing. It read that:

The presumption of abuse does not exist.
There do not appear to be any assests.

These are good things right?

For those of you who have had your 341 hearing, did you need to bring anything with you other than DL and SSN card?

[SinkingFast]

The notice you got is good. No Presumption of Abuse and the appearance there are No Assets are both good for a quick, clean, Ch 7 case filing.

We took our DL's, our SSN cards, and a print out of our Bank Statement, effective the date we filed. Our paralegal told us to give the Bank Statement print out to our attny. As best I know, he put that in his briefcase. The Trustee did not see the print out as far as I know.

I also took all our original documents file folder with us. Didn't need anything out of it. Our attny had already submitted everything to the Trustee in advance of our 341. But I have read where others have needed to supply filed taxes, copies of pay stubs, or whatever, at the 341. Their attny neglected some item from their file. So I thought,........ Better to have it and not need it than need it and not have it.

Some people here have posted that their Trustees wanted to see pay stubs right up to the date of the 341. A lot of what you need to bring depends on the attny you use, the Court you file in, and the Trustee you draw.

[attila]

I got something like that when I got my notice for the 341 hearing...but the MONDAY before my hearing on FRIDAY, the trustee or representative of the trustee faxed my representative a list of things they wanted. I got it TUESDAY morning. Among the items they wanted were:

Bank statements for the past 2 1/2 years and an explanation for every deposit, atm withdrawel and check.

There were other things too. I was advised not to appear at the hearing by my "idiot" and so I didn't go. This week I had a 2004 examination and was subpoenaed to appear (got the subpoena on Sunday...my "idiot" was talking on Friday about me NOT GOING TO THIS EITHER). I found out that my representation doesn't know their blank from a hole in the ground.

[sickandtired8]

Our 341 hearing is next Wednesday (8/1). So far, we have only received minimal correspondence from our attorney or the bk court. Neither the attorney nor the papers we received from the bk court mentioned us needing to bring bank statements or anything like that -- just our DL and SSN cards. In fact, when I asked the paralegal about bank statements she said we would not need them. The only paper we have received so far was the official notice of our filing. It read that:

The presumption of abuse does not exist.
There do not appear to be any assests.

These are good things right?

For those of you who have had your 341 hearing, did you need to bring anything with you other than DL and SSN card?

We had ours today and all we needed was our DL and SS Card. The trustee did ask another person if he had his bank statement which he did. S&T&RELIEVED

[lrprn]

I was advised not to appear at the hearing by my "idiot" ...my "idiot" was talking on Friday about me NOT GOING TO THIS EITHER). I found out that my representation doesn't know their blank from a hole in the ground.

Please tell me that you have fired or plan to fire your "idiot". You can't find another lawyer to help you (and you are going to need one) until you do.

You need to file an immediate complaint against the "idiot". Here's the exact person and their contact information in your state to do so - http://www.nbtanet.org/public/discipline/index.shtml Hopefully you can cause the "idiot" some pain - most state attorney generals or legal discipline committes don't take kindly to poor representation by lawyers in their state. Some states even have funds set aside in a special account to help people who have been screwed over by incompetent lawyering - maybe yours is one of them.

[JRScott]

attila I'm with lrprn you need to protect yourself and get your lawyer fired and get new better representation. Use the link he gave.

[demismom]

Atilla - I think you're being way too generous, blank just doesn't do that a$$ justice!

[attila]

Please tell me that you have fired or plan to fire your "idiot". You can't find another lawyer to help you (and you are going to need one) until you do.

You need to file an immediate complaint against the "idiot". Here's the exact person and their contact information in your state to do so - http://www.nbtanet.org/public/discipline/index.shtml Hopefully you can cause the "idiot" some pain - most state attorney generals or legal discipline committes don't take kindly to poor representation by lawyers in their state. Some states even have funds set aside in a special account to help people who have been screwed over by incompetent lawyering - maybe yours is one of them.

Thanks...I intend to do that. The discussion with the attorney at the 2004 examination was very informative. She advised me to contact a chapt 13 attorney for a consultation about my case. She also indicated that the USDOJ would be looking into my represenation as legal advice was being given to me by a paralegal (I was not aware he was not allowed...I was too trusting as he represented a friend several years ago in a BK that went smoothly).

I will be at the 341 hearing on Aug 16 no matter what.

[attila]

What is the proper procedure for firing them? I am not very experienced with this sort of thing (obviously or I wouldn't be where I am right now). Do I have to give them any reason?

[lrprn]

She also indicated that the USDOJ would be looking into my represenation as legal advice was being given to me by a paralegal.

A paralegal got you into this mess, eh? When you have a complicated bankruptcy case like yours (close to median income, property involved, etc) it's tempting to save money by using a paralegal to file your case. Unfortunately, as you have discovered, bad things can and do happen. Although paralegals may make you think they are just as good as a lawyer, they aren't.

My guess is you are the last person this paralegal will ever help file a case. Every state has very specific laws about what a paralegal can and can't do. Giving legal advice such as you received is against the law in every single one of them. I wouldn't want to be this person when the DOJ comes a'knockin'.

[lrprn]

What is the proper procedure for firing them? I am not very experienced with this sort of thing (obviously or I wouldn't be where I am right now). Do I have to give them any reason?

Since you filed with a paralegal, not a real lawyer, your obligations to officially sever the relationship are not the same. Just send the paralegal a letter stating his/her services are no longer needed and why.

If this paralegal is working with a bankruptcy lawyer (I hope not), do tell the lawyer what happened to you. Hopefully this paralegal will never again be able to hurt someone as you have been hurt.

[HenriettaHen]

I am just catching up to this - I actually canNOT sit in my seat!

FILE THAT COMPLAINT IMMEDIATELY.

Reason One! You were given A BUM STEER by someone who was not legally qualified to give you a bum steer.

Reason Two! You were told not to attend your 341 hearing.

You fill in the rest of the reasons !

Get your paperwork back into your possession ASAP, and just tell them you "no longer require their services". Seriously. THAT IS ALL YOU NEED TO SAY.


Stop the Insanity! If it were me, I'd march right in there to The Idiot's office, and demand every single speck of paperwork with my name on it!

You should stand there, arms akimbo, until they give it to you.

Why? Because you no longer require their services.

Then turn on your heel and set off to make a PERSONAL VISIT to the office of the person named above by lrprn, if you can swing it.

Fight for your right to start all over. You know better than anyone on Earth what the points of your case are.

You have been harmed by an an illegal incompetent. MAKE THE COMPLAINT.


Awwwwrgghhhhhh. AwwroooOOOOO!! This makes me howling mad. Yip! Yip! Yip! Ya-WrOOOOOOOOoooo !!

[SecondChanceGal]

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[attila]

I just called his office (the paralegal)...and told his secretary to tell him to have the attorney's office prepare my entire file for me to pickup ASAP.

I only met the attorney who filed my case 1 time when I signed the paperwork back in November 2006 (they didn't get it filed until May 2007). I paid him thru the paralegal's company and the USDOJ wants to see copies of my checks.

I understand I was suppose to get an agreement in writing indicating what services the attorney was to provide based on the fee I paid (this was on a handout at the USDOJ lobby when I went to the 2004 exam). That did not happen nor did I get a copy of my signed documents as I should have. When I told the USDOJ attorney that we were off the record and she asked to put that ON the record. The tape recorder went back on and I stated on record that I never received copies of my paperwork after signing them.

I will keep you posted... how long does it typically take to get a referral from a state bar certified referral service in Cal...anyone know?