My attorney didn't show up to my trustee meeting 431 a I continue without him . Did I make a mistake ?

Asked 12 months ago - Los Angeles, CA

.. the trustee asked me if i wish to postpone the meeting i chose not to .. i answered
his questions and dismissed , did i reduce my chances to succeed ?

Attorney answers (6)

  1. Stuart Gregory Steingraber

    Contributor Level 18

    7

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . The 341a Meeting of Creditors is conducted by the trustee assigned to your case. The trustee is to inquire about your file including any particular irregularities observed in your paperwork. Your attorney has an ethical obligation to appear on your behalf at this meeting especially if he/she agreed to do so in your atty compensation disclosure. However, it sounds like the trustee was satisfied with your responses since you say you were dismissed. If the trustee didn't ask you for documents or answers to his questions you're probably OK. Unless the lawyer had some compelling reason for the failure to appear, he is sloppy and best and unethical at worst. You should ask him to refund $300 of your fee because that is what most attorneys charge as part of their fee for the appearance at the 341a meeting.

  2. Brett Francis Bodie

    Contributor Level 9

    8

    Lawyers agree

    1

    Answered . Mr. Geer and Mr. Steingraber are correct. Your attorney had a duty to appear with you at the continued 341 meeting. If he did not appear you should demand a partial refund of fees paid.

    Nothing contained in this message should be construed as legal advice. http://bodiebankruptcylaw.com
  3. Brian Crozier Whitaker

    Contributor Level 17

    7

    Lawyers agree

    1

    Answered . Frankly, there are any number of reasons your attorney may not have attended the meeting other than that he is incompetent and/or unethical. It sounds like the Trustee was willing to proceed without him, with your permission, and all ended well.

  4. Will Bussell Geer

    Contributor Level 8

    5

    Lawyers agree

    1

    Answered . I'm very sorry to hear this, but it's a fairly common occurrence. Unfortunately, I really can't give you any advice other than to find a more competent and organized attorney. The trustee should have let you know whether the hearing was continued or not. Without more information, it is impossible to give more thorough answer.

    Law Office of Will B. Geer, LLC 17 Executive Park Drive, NE Atlanta, Georgia 30329 http://www.atlbankruptcyhelp.... more
  5. Brad Francis Weil

    Contributor Level 11

    3

    Lawyers agree

    1

    Answered . If the trustee conducted the meeting anyway and concluded it then you did not make a mistake, however if the trustee continued the meeting then you need to contact your attorney and find out why he was not there. You also need to ask for a partial refund of your attorney's fees from your attorney and may want to report his malpractice or negligence to the California state bar. Make sure you take your second credit counseling class and your certificate is filed within 60 days of your meeting of creditors.

  6. James Russell Cunningham

    Contributor Level 3

    1

    Lawyer agrees

    Answered . if your attorney did not show up at the 341 First Meeting of Creditors, then you should ask for a refund of all monies paid, except the filing fee ($306) plus the amount your local court allows a paralegal to charge to prepare a petition ($125 --$200).

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,967 answers this week

3,187 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,967 answers this week

3,187 attorneys answering