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

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

Posted

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.

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Posted

thanks for the answer Stuart .. to make matter even worse i was at the lobby an hr before the meeting and informed the law firm (over the phone) that i'm there .. i'll check the refund issue thanks ..

David Thomson Egli

David Thomson Egli

Posted

Check your court file. If the trustee has filed a "Chapter 7 Trustee's Report of No Distribution," the Trustee is agreeing with you that you have no assets or funds for distribution to your unsecured creditors and, as far as the trustee is concerned, your case is ready for discharge. Most trustees file their reports within a week after the 341(a) meeting. If the trustee has filed such a report in your case, you need to make sure you file the form B-23, the certificate that you completed the financial management course and you should get your discharge shortly after the 60-day period for filing objections to discharge passes (assuming no objections will be filed, which is usually a safe assumption in most cases).

Posted

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.com 678-587-8740

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Posted

thanks for the understanding it was real increase my stress level after all i'm not every day doing that .. and not i was just dismissed after the questions . well ?

Posted

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

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Posted

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.

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Posted

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).

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Posted

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.

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Posted

I've already received the refund thanks .. but i'm not sure if i like to report it since they said (its a law firm) that they have failing of communication with the attorney what might be indeed the case .. i have no way to know for sure .. thanks again

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