Power of Attorney and the 341 Meeting

Asked about 1 year ago - Jupiter, FL

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I know that I have already asked too many questions on here already, but I am getting different answers on this question from different lawyers so I want to know once and for all what is the correct answer. The thing is that I want to know if someone with a power of attorney can attend the 341 meeting instead of the debtor? Can they attend in place of the debtor? How do you request a telephone 341 meeting and do they allow that since I have heard about that? Any suggestions?

Attorney answers (3)

  1. Contributor Level 19

    2

    Lawyers agree

    Answered April 27, 2012 21:37. No one may attend a 341 meeting in place of the debtor, even with a power of attorney. Though no law prohibits electronic or telephonic attendance at a 341 meeting, trustees in Florida do not permit it.

    The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy),... more
  2. Contributor Level 17

    2

    Lawyers agree

    Answered April 28, 2012 04:15. You haven't been getting different answers -- you simply have not understood the nuances of the answers you've gotten. The answer is "no" and "call the trustee and expect to be told no." Hire a lawyer! This is not a DIY project!

  3. Contributor Level 13

    Answered April 28, 2012 07:42. One reason you might be getting different answers is also because you are not stating why the person cannot attend.

    Personal attendance for the examination is the price to be paid for obtaining a discharge. Being a fugitive pretty much makes it impossible to file for bankruptcy.

    The idea of doing it by phone is ludicrous - how would anyone know who is on the other end?

    If there is an issue about the person being unable to attend because of illness or disability or imprisonment, that needs to be discussed with an attorney or at the very lease with the U.S. Trustee (who conducts a meeting) and the case trustee.

    I think by now you know the answer. It's the reason why the person cannot attend that is the issue.

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