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    341 First Meeting Question

    I just found out that our 341 Meeting is schedule during the ONLY time that we will be 3 states away that was planned way before we filed. What do we do in a situation like this? Apparently you can't change the date can you?

    #2
    I don't think this is a good thing. One of our many information sheets from the attorney stated that a 341 meeting date cannot be changed except for death. I am sure he was throwing in a bit of humor there but I took it to mean do NOT expect him to try and change the date that the court has set for your 341.
    5/29 Filed 7~ 341-on 6/24
    8/27-DISCHARGED
    11/2 - CLOSED
    EQ-604 EX-605 TU-560 ~4.5 months after discharge

    Comment


      #3
      Originally posted by NotEvenADime View Post
      I just found out that our 341 Meeting is schedule during the ONLY time that we will be 3 states away that was planned way before we filed. What do we do in a situation like this? Apparently you can't change the date can you?
      Although it's hard to have to forego whatever plans you had three states away, for anything short of an emergency, it's best to stick with the assigned date. Your goal as a bk filer is to stay under the trustee's radar. Asking to change the 341 date violates this big time. Better be certain you have a REALLY good reason for the date change before going there.it's necessary.

      If your event is something like a one-time family reunion, then that makes this all the more frustrating, but do your best to keep your eye on the prize - discharge! - and realize that you can plan to see family members another time after your 341 is over.
      Last edited by lrprn; 06-13-2008, 02:13 PM.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        The 341 meetings are conducted according to a schedule determined by the trustee. Your attorney can request a date change if you can convince him/her that the reason is important enough. I imagine the list of acceptable excuses is rather short.

        Comment


          #5
          We almost ran into this exact situation. My husband was going to be out of town for some schooling and we worried for awhile that our 341 was going to be scheduled at this time.

          When we mentioned it to our attorney, she said that business schooling would fall under a reason to change our date, and she would file it if need be. Luckily, we didn't need to!

          I would ask your attorney and see what he/she says. Good luck!
          Filed Chapter 7: 3-22-08
          341 Meeting: 5-15-08 It went great!!!
          Last day for objections: 7-14-08
          Discharged and Closed: 7-21-08

          Comment


            #6
            It is very hard to change the date and as lrprn said your goal is to stay under the trustee's radar and this would not help.

            Sit down as a family and discuss what this means for your situation. If necessary talk to others and let them know why you can't come. Perhaps it can be postponed a week or two allowing you to attend the 341 on time without incident. Even if it can't be rescheduled, the peace of mind you can get from the burden of debt being lifted is worth sacrificing a vacation, reunion etc. There will be more of those in the future once you get yourself back on track. I know folks might be hurt if you can't come but call the involved parties and just tell them the truth that you have to be in court on that date.
            May 31st, 2007: Petition Filed by my lawyer
            July 2nd, 2007: 341 Meeting Held
            September 4th, 2007: Discharged and Closed.

            Comment


              #7
              Originally posted by NotEvenADime View Post
              I just found out that our 341 Meeting is schedule during the ONLY time that we will be 3 states away that was planned way before we filed. What do we do in a situation like this? Apparently you can't change the date can you?
              Our attorney advised us way before the meeting was scheduled for us (was on a Monday) that you could not miss the meeting for anything unless it was an unforeseen emergency and to contact him immediately if that should occur. If this is preplanned family event or vacation and not along the realms of an emergency at which your presence is needed, this is not the time to bring attention to yourself that you could create issues in asking for meetings to be rescheduled on a Trustee's busy calendar. Contact your attorney and aske specifically what you should do and what the event is all about. Court dockets are difficult to change and unless there is a good reason, I would attend that meeting.
              _________________________________________
              Filed 5 Year Chapter 13: April 2002
              Early Buy-Out: April 2006
              Discharge: August 2006

              "A credit card is a snake in your pocket"

              Comment


                #8
                My attorney told me that I couldn't miss the 341. The only reason my DH gets to miss it is because he is deployed and I have a power of attorney to do everything.

                Comment

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