What happens if a Section 341 meeting is missed? 19 Answers as of July 11, 2013

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?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
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: 6/30/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
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
Law Office of Asaph Abrams
Law Office of Asaph Abrams | Asaph Abrams
If you are not at fault, the trustee may agree to reschedule.
Answer Applies to: California
Replied: 6/28/2011
Law Office of Margaret D. Wilson
Law Office of Margaret D. Wilson | Margaret Wilson
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
Jackson White, PC
Jackson White, PC | Spencer Hale
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
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    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
    Rosenberg & Press | Max L. Rosenberg
    If this is the first time that your 341 was missed it will simply be rescheduled.
    Answer Applies to: Connecticut
    Replied: 6/27/2011
    Breckenridge and Walton
    Breckenridge and Walton | Alan D. Walton
    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: 6/27/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    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: 6/27/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Most likely you will get a second chance to attend the meeting.
    Answer Applies to: California
    Replied: 6/27/2011
    Cartwright Law Firm
    Cartwright Law Firm | Andrea Cartwight
    Call your Chapter 7 Trustee that appears on the Notice from the court immediately, explain your problem and request an adjourned heaing. The faliure to appear at the Section 341 meeting of creditors may result in your case being dismissed. Therefore, it is imperative that you contact your Trustee. If you do not hear back from yiur attorney within a few days, then I suggest trying again. If still no luck, then you should seek new counsel.
    Answer Applies to: Michigan
    Replied: 6/27/2011
    Greifendorff Law Office
    Greifendorff Law Office | John Greifendorff
    In the Central District of California, generally speaking, if you miss the first the matter is continued to a later date. If you miss the second date the case is dismissed. Pointer: if you have a good reason, call the Trustee's office a week in advance and save them the trouble of preparing your file for the Meeting.
    Answer Applies to: California
    Replied: 6/27/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    If you cannot reach your attorney, you may need to speak to another attorney. If this is your initial 341 meeting, it will be possible to contact the Trustee and reschedule the 341 meeting. You should be able to get your case back on track.
    Answer Applies to: Colorado
    Replied: 6/27/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    If you can't get a hold of your attorney you must immediately contact the court or the trustee and find out what day your case was continued to. You must be there or your case will be dismissed.
    Answer Applies to: California
    Replied: 6/27/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Your case can be dismissed. If you read your notice, and that notice is a court order, it said you "shall" appear, and also told you to bring the notice with you. So it is rather strange that you would leave without going into court and go home. Your attorney could have been IN the court while you defied the court order and waited outside. He could have also been delayed in another court and called, and because of your defiance of the court order, you bear the consequences. Call your lawyer and see if the case was reset or dismissed. In the future, abide by court notices and be IN the court. Outside does not count.
    Answer Applies to: Georgia
    Replied: 6/27/2011
    Ellahie & Farooqui LLP
    Ellahie & Farooqui LLP | Javed Ellahie
    Your 341 was probably completed. Call the attorney or the trustee and find out the new date or if they have moved to dismiss the case and there is a hearing in the court house. Explain to the trustee and/or Judge if necessary as to what happened and show up a the next hearing. Hopefully your attorney will return your calls and take care of you.
    Answer Applies to: California
    Replied: 7/11/2013
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    In most jurisdictions, if you miss the first 341(a) meeting, it will simply be rescheduled one time and you need to show up to the next one or your case will be dismissed (at least that's how they do it here in the central district of California). If you can't get hold of your attorney, you should contact the Trustee's office to find out what happened and if/when you need to return. If you feel you need an attorney at your meeting, then hire someone new.
    Answer Applies to: California
    Replied: 6/27/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    When you file bankruptcy you are required to attend your 341 meeting of creditors in person unless you petition the court/trustee to allow for conference call. If you miss your meeting you can reschedule your meeting time with the bankruptcy trustee.
    Answer Applies to: Washington
    Replied: 6/27/2011
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