QUESTION
Given the fact that my attorney is withdrawing, how do I handle the 341 meeting that is coming up?
Asked on Nov 23rd, 2012 on Bankruptcy - California
More details to this question:
I originally filed a Chapter 7, which is being converted to a Chapter 13 due to a change in finances. I have my Chapter 7 341 meeting on 12/6/12 and I just found out my lawyer is withdrawing from my case. I had sent her several emails with questions and I guess that was too many questions so she is withdrawing. I don't know that I'll be able to find counsel in time for the meeting. What happens if I don't go to the meeting due to not having counsel. Can I contact the trustee and ask for it to be rescheduled? I'm admittedly in panic mode right now and not sure what to do.
4 ANSWERS
You can go on your own
Answered on Apr 15th, 2013 at 6:53 AM
Appellate Practice Attorney serving Cheyenne, WY
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Lynn Boak Attorney at Law
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You should definitely contact the trustee and let him or her know your situation. He or she may reschedule your 341 hearing if you let them know you want to have an attorney with you but that yours has withdrawn. You should not skip the hearing without telling the trustee, as that risks dismissal of your bankruptcy.
Answered on Nov 28th, 2012 at 7:50 PM
The two major problems that occur at a 341 is 1) not providing the bankruptcy trustee with required documents beforehand and 2) volunteering information that has not been requested when under oath. Not going to the meeting is the worst possible choice you could make. BTW, too many emails is not a legitimate basis for an attorney to withdraw from representing you. An attorney must apply to the court for permission to withdraw and that permission isn't readily granted. There is something else going on.
Answered on Nov 27th, 2012 at 4:58 PM
Business Litigation Attorney serving Orange, CA
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Law Offices of Frank Granato
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First, I see no reason why you cannot appear alone and answer the trustee's questions. Google "bankruptcy 341a meeting of creditors" and familiarize yourself with the process. If you need an attorney with you, the trustee generally allows you to continue the meeting one time. Call the trustee and request another hearing date. There is no reason to alarm yourself.
Answered on Nov 27th, 2012 at 4:57 PM