If I show up for the meeting will the trustee liquidate my $11,000 and pay off my creditors or is it protected under the wild car exemption? 16 Answers as of July 15, 2014

I filed a Chapter 7 bankruptcy. I did not list my 11,000 on my original petition. I filed an amended schedule C listing all my accounts under the wild card exemption. My attorney suggested that I not show up for the 341 meeting. The meeting has been rescheduled for August 11, 2014.

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Stephens Gourley & Bywater | David A. Stephens
Not showing up for the meeting will only get the meeting continued or a motion to dismiss filed. The trustee could still take the $11,000.00 less the wild card exemption of $1,000.00.
Answer Applies to: Nevada
Replied: 7/15/2014
Law Offices of Linda Rose Fessler | Linda Fessler
You have not given me sufficient facts to give you an answer.
Answer Applies to: California
Replied: 7/15/2014
Law Office of Morgan L. Place (MP Law Office) | Morgan L. Place
Why wouldn't you appear? Is your attorney hoping for a dismissal? It would be helpful to actually see your bankruptcy papers, to see the big picture. But you should direct these questions to your attorney. Ask him to explain your circumstances.
Answer Applies to: California
Replied: 7/14/2014
EDWARD P RUSSELL | EDWARD P RUSSELL
Since you have an attorney you should listen to his advice only.
Answer Applies to: Minnesota
Replied: 7/11/2014
LAW OFFICE OF RALPH L. WILLIAMS
LAW OFFICE OF RALPH L. WILLIAMS | RALPH L. WILLIAMS
Answer: The amendment should amend both Schedule B to list the $11,000.00 as cash or the bank account that it is held in and also Schedule C to claim exempt. Your Trustee and your attorney might be concerned as to why it was left off the original schedules B & C when you filed the petition. Failure to appear at the 341 meeting will normally result in Trustee requesting dismissal. Discuss with your attorney the reasons why he advises that you not appear at the 341 meeting.
Answer Applies to: California
Replied: 7/11/2014
    Law Office of Peter M. Lively
    Law Office of Peter M. Lively | Peter M. Lively
    The determination of what is protected by your exemptions requires an analysis of all of your assets and your choice of exemptions. Generally, an inadvertent failure to disclose assets in your original schedules and changes in your choice of exemptions can be corrected without a problem prior to any allegations of fraud by a trustee or creditor.
    Answer Applies to: California
    Replied: 7/11/2014
    Idaho Bankruptcy Law | Paul Ross
    This is going to depend on state law. I would need to know where the $11,000 is sitting to tell you if there is an exemption for it. I would also need to know where the money came from. This is all very specific. Wild card does not apply to bank accounts in Idaho. Having said that, it is always a bad idea not to go to a 341 Hearing. That can be a showing of bad faith and get you in trouble in this case or a later case.
    Answer Applies to: Idaho
    Replied: 7/11/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    You have approximately $26,000 that can be shielded under the "wild card". Your attorney should be providing the answers and I can see no reason not to show up to the hearing unless he has a conflict that day.
    Answer Applies to: California
    Replied: 7/11/2014
    Thomas Vogele & Associates, APC | Thomas A. Vogele
    If your lawyer truly advised you not to appear at your continued Rule 341a Meeting of Creditors, you should find another lawyer and report the old one to the US Trustee. Your attendance is not optional and failure to appear is grounds for dismissal of your case. It is unethical for any lawyer to advise a client to disobey what is, in fact, a Court order. Show up, tell the truth and you'll be fine once you have a competent, ethical lawyer advising you. Good luck.
    Answer Applies to: California
    Replied: 7/11/2014
    Danville Law Group | Scott Jordan
    I think you need to speak with your attorney more. And, possibly obtain a second opinion.
    Answer Applies to: California
    Replied: 7/11/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    The wild card exemption only covers $1,000 in Nevada. Whether you show up for your 341 meeting or not, if you have $11,000 that isn't eligible for an exemption, your bankruptcy trustee can seize that money & use it to pay your debts.
    Answer Applies to: Nevada
    Replied: 7/11/2014
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