QUESTION
What can happen if I have not shown up on my 341 meeting?
Asked on Nov 24th, 2012 on Bankruptcy - Florida
More details to this question:
I'm in a chapter 7 that is converting to a chapter 13 soon. I have my first 341 meeting in a week and due to a lawyer withdrawing (poor communication between us) I have no representation. My question is, I don't want to go to the 341 meeting unrepresented. What would happen to me if I simply didn't show up. Would my case be dismissed? Could I be arrested?
9 ANSWERS
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Not enough facts to answer the question.
Answered on Apr 24th, 2013 at 2:52 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Most likely your case will be dismissed, but it really depends on the trustee. No you will not be arrested. It is important to obtain the help of a competent chapter 13 attorney. Please understand that a chapter 13 bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Nov 28th, 2012 at 4:40 AM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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If the meeting is for the Chapter 7 trustee but the conversion papers have been filed, it is likely that meeting has been cancelled. If the meeting is for the 13 or the conversion has not been field, you should attend. If you do not attend, your case may be dismissed.
Answered on Nov 28th, 2012 at 4:39 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Your case may be dismissed. Advise the trustee what happened. If he filed your case, he has to make a motion to be relieved.
Answered on Nov 28th, 2012 at 4:39 AM
Business Litigation Attorney serving Orange, CA
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Law Offices of Frank Granato
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Your case may be dismissed. You should appear and ask the Trustee to continue the 341 meeting to allow you to retain an attorney. You may also call the Trustee and ask him by phone.
Answered on Nov 28th, 2012 at 4:38 AM
Appellate Practice Attorney serving Cheyenne, WY
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Lynn Boak Attorney at Law
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You should attend your 341 hearing, or you risk dismissal by the bankruptcy court. You may want to ask the trustee to postpone the hearing so you may obtain another lawyer, but you should not skip the hearing.
Answered on Nov 28th, 2012 at 12:00 AM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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You will not get arrested but your case may get dismissed. I suggest you go to the 341 hearing to avoid having your case dismissed. If it gets dismissed, you will have to pay the filing fee again to re-file plus attorney fees to prepare the schedules again etc.
Answered on Nov 27th, 2012 at 11:59 PM
The Trustee will make a motion to dismiss your case because you failed to appear for your 341. In addition, if someone is able to come in & save the day for you, you may be fined by the Trustee for failing to appear at your 341 meeting because the time the court staff has spent preparing for this meeting is extensive. You would be better off to show up to the meeting and explain that you are trying to find a lawyer to represent you. The Trustee may even recommend a lawyer.
Answered on Nov 26th, 2012 at 3:38 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You will not be arrested, but your case may be dismissed. Usually another 341 meeting is set and if you do not show up for it the case can be dismissed.
Answered on Nov 26th, 2012 at 3:38 PM