Bankruptcy lawyer

[kopes]

What is the name of your state? MN

Is there any time when the person filing for bankruptcy would not have to be present at the first creditors meeting? my lawyer keeps saying that I do not have to attend. This firm has handled a lot of bankruptcy cases and I assumed they knew what they were talking about, but after some of these sites, I get the feeling I am being led in the wrong direction.

 

[AttorneyOney]

Trust your lawyer! (But be sure you understand what you're being told, of course.) Section 521 does not actually require the debtor to attend a 341 meeting. It does require the debtor to cooperate with the trustee, and one of the trustee's duties is to hold the meeting. The trustee is answerable to the court for the due performance of his duties, but that's his lookout and not the debtor's.

In most districts, debtor's DO have to attend the 341 meeting, and the trustee will adjourn the meeting if the debtor doesn't show. But I can well imagine that practice differs around the country, and maybe even between different trustees. An experienced lawyer will be familiar with local practice and should be trusted to give sound advice.

In a typical no-asset case, the 341 meeting actually serves no useful purpose. The trustee is supposed to make sure that the debtor understands a few of the basics, such as the consequences of filing for bankruptcy, the effect on credit history, the different chapters, the meaning of a discharge, and the effect of reaffirming a debt. In fact, the debtor's attorney will have already explained these things (or the debtor will have read up on the subject) and the questions and answers might as well be read from a script.