What happens if a Section 341 meeting is missed? - Bankruptcy Law Questions and Answers- LawQA.com

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What happens if a Section 341 meeting is missed?

I waited for my attorney for an hour outside the bankruptcy court. I couldn't get him on the phone and thought I had made a mistake so I came home to check the letter. I was correct that it was today and that he didn't show up. I can't get a hold of him, what should I do?

Mercado & Hartung, PLLC
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Your BK will get dismissed for not attending the 341 Meeting. Did the trustee continue it? Your attorney is the best person to try & fix this.

Answer Applies to: Washington
Replied: 6/29/2011

Burnham & Associates
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First you should try to contact the Trustee and let them know what happened. The Trustee may have continued your hearing, but if they don't hear from you or your attorney they may dismiss your case so let them know what happened and find out when you can have the meeting again wig the Trustee. Then go seek out your attorney at their office and if you still cannot get in touch with them contact the local bar association or attorney discipline office for help.

Answer Applies to: New Hampshire
Replied: 6/28/2011

Answer By Asaph Abrams
Law Office of Asaph Abrams
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If you are not at fault, the trustee may agree to reschedule.

Answer Applies to: California
Replied: 6/27/2011

Answer By Margaret Wilson
Law Office of Margaret D. Wilson
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Generally speaking (in California Central District) if a 341a hearing is missed the trustee will dismiss the bankruptcy. However, if a person misses the 341a hearing (for whatever reason) it is a good idea to call the Trustee and explain the situation immediately and see if there is a way to reschedule.

Answer Applies to: California
Replied: 6/27/2011

Answer By Spencer Hale
Jackson White, PC
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If you miss the 341 meeting you case will be dismissed. If you cannot get ahold of the attorney call the trustee (normally I would not recommend contacting the trustee by yourself but if your attorney refuses to represent you, you have no choice). If you live in AZ and you continue getting the cold shoulder from your attorney and the case has been dismissed, call me. I can help you reinstate the case.

Answer Applies to: Arizona
Replied: 6/27/2011

Law Office of Lynnmarie A. Johnson
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Generally the trustee reschedules it for a week or two later. You should have gone in and let the trustee know that you were there even if your attorney wasn't. If you continue to be unable to reach your attorney, you might want to call the trustee and see if your attorney notified him that s/he had an emergency and was not going to be available for a few days.

Answer Applies to: Michigan
Replied: 6/27/2011

Rosenberg & Press
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If this is the first time that your 341 was missed it will simply be rescheduled.

Answer Applies to: Connecticut
Replied: 6/26/2011

Answer By Alan D. Walton
Breckenridge and Walton
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341 meetings are not held at the bankruptcy court, so you were in the wrong place. If you had asked one of the bankruptcy court security guards, they would have directed you to the right place. Your attorney probably asked for a continuance when you did not show up at the hearing. Call your attorney Monday morning and find out when the new hearing date is AND WHERE.

Answer Applies to: Michigan
Replied: 6/25/2011

Law Office of Maureen O' Malley
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If it's missed, it is certified for dismissal and your attorney must file to avoid dismissal and reschedule the 341. Did you tell the Trustee you were there? You need to leave a message with your attorney that this is an urgent matter, and you could even contact the trustee's office.

Answer Applies to: Virginia
Replied: 6/25/2011

Carballo Law Offices
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Most likely you will get a second chance to attend the meeting.

Answer Applies to: California
Replied: 6/24/2011

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