Chapter 13 341 meeting attorney no show, what to do? 26 Answers as of July 08, 2013

If I am represented by an attorney and the attorney of record does not show up, what happens? I haven't heard from him for two weeks now and my hearing is later this week.

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Get a new lawyer now.
Answer Applies to: California
Replied: 7/14/2011
Law Office of Lynnmarie A. Johnson
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
Have you tried to contact them? Be sure you go to new meeting, if still no show, talk to trustee and ask about getting new attorney. If there is ongoing problem, like attorney is unconscious in hospital trustee will probably know.
Answer Applies to: Michigan
Replied: 7/14/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
If your attorney failed to show at the 341 meeting of creditors first you should phone and, if necessary, go to the law office. If the response is unsatisfactory send a letter and a copy to the Office of the U.S. trustee and the bankruptcy trustee. Be sure to show up at the continued meeting of creditors. Be prepared to testify with or without your attorney. You also have the right to complain to the State Bar.
Answer Applies to: California
Replied: 7/14/2011
Benson Law Firm
Benson Law Firm | David Benson
Get another attorney, pronto! Do not delay! Let the new attorney handle getting your money back from the old attorney.
Answer Applies to: Ohio
Replied: 7/14/2011
The Law Offices of Alan M. Laskin
The Law Offices of Alan M. Laskin | Jared B. Gaynor
Generally, the Trustee is not going to complete your 341 without your attorney present.
Answer Applies to: California
Replied: 7/14/2011
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    tell court looking for new attorney, fire him and sue for refund
    Answer Applies to: California
    Replied: 7/14/2011
    Eric J. Benzer, Attorney at Law
    Eric J. Benzer, Attorney at Law | Eric Benzer
    Call him or send registered letter...regardless if your attorney doesn't show at hearing YOU HAD BETTER BE THERE!!!!
    Answer Applies to: Maryland
    Replied: 7/14/2011
    Mercado & Hartung, PLLC
    Mercado & Hartung, PLLC | Christopher J. Mercado
    Your attorney is required to be there. Your 341 will be continued if he doesn't show up
    Answer Applies to: Washington
    Replied: 7/14/2011
    Breckenridge and Walton
    Breckenridge and Walton | Alan D. Walton
    Your attorney or a stand in should show up with the signed documents. The Trustee may conduct the hearing without your attorney or may adjourn it to a later date.
    Answer Applies to: Michigan
    Replied: 7/14/2011
    Law Offices of John J. Ferry, Jr.
    Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
    If the attorney doesn't show, some trustees will go ahead and proceed without your attorney present. Others will simply reschedule. For what it's worth, some attorneys aren't good about returning client calls, but will show up at the 341 meeting.
    Answer Applies to: Pennsylvania
    Replied: 7/14/2011
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    I would call his office and make sure that the Sec. 341(a) Meeting of Creditors is on their calendar, and that an attorney will meet you there. If the attorney fails to appear in our district, you may request a reset of the Sec. 341(a) Meeting of Creditors. If your attorney fails to appear and you can't reach them, I would consider hiring a different attorney to substitute into your case, and/or file a complaint with the U.S. Trustee's Office. You may be able to get a reliable referral by contacting your Chapter 13 Trustee's office. Thank you,
    Answer Applies to: Texas
    Replied: 7/14/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    In most cases, the Trustee will give you the option of proceeding without your attorney or continuing the meeting for a week. If your attorney does not appear for the 341 meeting you may want to consider replacing your attorney.
    Answer Applies to: Colorado
    Replied: 7/14/2011
    Stuart Jon Bierman  Attorney at Law
    Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
    The best thing to do is not to worry and to make sure that you are present. It would be best if you get there early and sit up front where the Trustee can notice you. It is difficult when your attorney has not been in touch and is apparently causing you to incur anxiety. However, the odds are very good that he will be at the meeting and most likely he will be contacting you as the date of the meeting gets closer. If your attorney actually does not show up for the meeting then the Trustee will usually be sympathetic to you and will usually reschedule the meeting or tell you how he or she would like to proceed with the case.
    Answer Applies to: New Jersey
    Replied: 7/14/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    I would stop by the office to find out what is going on.
    Answer Applies to: Florida
    Replied: 7/8/2013
    The Law Office of Marvin Wolf
    The Law Office of Marvin Wolf | Marvin Wolf
    Some law firm "factories" don't excel in client contact. The court sent you a notice to show up, so show up. Perhaps the law firm sent you a followup letter, perhaps not. Bring your driver's license and social security card to the meeting. The lawyer may show up at the hearing, or he may hire an appearance attorney to show up for him - he'll be carrying a lot of files and call your name out across the room. Sometimes a secretary will call you the day before as a reminder. You should call the firm tomorrow and ask them. There are some items they had to send to the trustee prior to the meeting, so you'll want to make sure they were sent. Whatever happens, make sure you show up even if the meeting ends up getting adjourned because the attorney does not show, so you don't get blamed for not showing. If a skilled attorney has some conflict, he can usually arrange for an "appearance" attorney to cover the case. If you hear nothing at all and a lawyer at the last minute says the meeting was adjourned, you can follow up with the chapter 13 trustee before the meeting date to make sure that this is true. Some trustees will not grant an attorney an adjournment at the last minute, and can threaten to dismiss the case for a no-show, so the issue is important and you should ask questions.
    Answer Applies to: New Jersey
    Replied: 7/14/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    If you can't get ahold of the attorney, you should still attend the 341 meeting and make sure the trustee knows that it's not your fault that you cannot proceed.
    Answer Applies to: Indiana
    Replied: 7/13/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Have you not heard from him after trying to contact him, or just haven't heard? If it is the latter call to confirm the hearing date. While he likely be there, but if not, most Trustees would continue the hearing to another date.
    Answer Applies to: California
    Replied: 7/13/2011
    Law Office of Eric Ridley
    Law Office of Eric Ridley | Eric Ridley
    Although I would replace the attorney, unless there are unusual circumstances, you should be able to handle your 341 hearing on your own. The Trustee will ask for your social security card, will ask you some questions, and it's more than likely your creditors will not show up. But, if your attorney does not show, I would demand some answers, too.
    Answer Applies to: California
    Replied: 7/13/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    You go, show your compliance. Your lawyer will probably show but, if not, tell the trustee you haven't heard from him and let him deal with the consequences to him.
    Answer Applies to: Virginia
    Replied: 7/13/2011
    Dan Shay Law
    Dan Shay Law | Daniel Shay
    He will probably show up. If not, tell The Trustee when your name is called at the hearing and ask to trail the matter. If your attorney still does not show up, ask for a continuance.
    Answer Applies to: California
    Replied: 7/13/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    In most Chapter 7's and many 13's there is nothing to do between the filing date and the 341. So you have likely posted about a non-existent problem. Attend, and he should be there. If he isn't, ask the Trustee for a reset and make a complaint with the State Bar.
    Answer Applies to: Georgia
    Replied: 7/13/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    If the 341(a) meeting is to be covered by your fee agreement, you should contact your attorney's office. If the attorney does not show, your may consider speaking to the Office of the United States trustee or the State Bar Association for your state.
    Answer Applies to: Oregon
    Replied: 7/13/2011
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