LadynRed? 341 question?

[VaUnicorn]

What is the name of your state? Virginia

I am writing on behalf of my sister who filed a Chapter 7 on June 30th. She went to the 341 hearing, only there were two problems. She doesn't know the part of town that the hearing was held and when she got there, the nice ladies at the clerk's office told her she was in the wrong building.

To make a long (tearful on the phone to me getting directions as she was SO lost) story short, she arrived at the 341 hearing as the trustee was finishing the last case of the day. When she asked to speak to him, he refused.

So now I have three questions:

1. Is she supposed to file something to request that the dissmissal be vacated, overturned, [insert proper word here]?

2. Or should she simply (ha!) refile the petition?

3. And if the answer to #2 is yes, is there still a waiting period? When I filed in 1981 the attorney who represented me SWORE he would go to the hearing and explain that my 3 year old cancer patient son had been admitted to the hospital at 5am the morning of the 341 and that they would reschedule in a case like that. He lied, and I had to wait 180 days to refile.

Oh wait, I do have one more question. If your debts are unsecured and you have no assets to disperse is it likely that your creditors will come to the 341 hearing to harrass you? I actually had that happen to me in 1981, but I would hate to think my sister is going to face one particular JERK at her 341.

Thank you all so much for being here!!

VaUnicorn

[seniorjudge]

Generally, missing a 341 meeting for the debtor is almost an unforgivable sin.

Did any creditors show up?

Anyway, wait for lady's answer.

She's the expert.

I am not.

[Ladynred]

Does your sister have a lawyer ??
Has the Trustee already filed a Motion to Dismiss ??

If your sister has a lawyer, she'd better get him/her on the ball and request a reschedule or, if a motion to dismiss has already happened, appeal it. Trustee's may not like it when people miss 341 meetings, but things happen and people don't make it, and they do get to ask to reschedule. It's not like she missed the meeting deliberately. If she's new to the area, getting lost isn't impossible. I've lived in my area for 6 years and I STILL get lost in certain sections of town !

2 - She may not have to wait 6 months to re-file. She should certainly appeal the motion to dismiss if she can - beg forgiveness more or less If there is a waiting period, she should be notified of such.

As for the creditors showing up -- it's rare that ANY show up at all. The ones most likely to show up are for car loans and mortgages. Even if they do show up, they are not allowed to harrass anyone, they have to mind their manners ! Was it Sears that showed up at yours in 1981 ??? They were BAD for a long time. Since the courts slapped them silly over their tactics, Sears pretty much quit showing up at 341 meetings.