Do debtors show up for 341s, or just their lawyers?

[anabanana]

In FLORIDA----

Does anyone know if the debtor is actually required to appear and answer questions at the 341 (as the forms seems to indicate), or is it just essentially a formality where their lawyer can show up to represent them? Because a lawyer certainly couldn't answer any questions that the creditor might want to ask, and any creditor who doubted the veracity or authenticity of the filing wouldn't be able to ask the lawyer about it, because he likely wouldn't know any more than exactly what the client told him, and most of that he probably can't share, right?

ana

 

[nervousnellie]

It is mandatory for the debtor(s) to appear at the 341 hearing. Failure to show up will get your case dismissed. I don't know the answer to your other question.

Our lawyer used the information we provided to fill out the petition, and then filed the petition on our behalf. The lawyer went to our 341 hearing with us, but we answered all of the trustee's questions.

The trustee will ask if there are any creditors present for your case when it is your turn. We had a creditor show up at our hearing. (Long story.) The trustee listened to what he had to say. Our lawyer objected to his objection. The trustee said she would make a decision later.

 

[Ladynred]

The DEBTOR absolutely MUST be at the 341 meeting, no one can go in his place - not even his lawyer. About the ONLY time that is allowed is if the debtor dies before the 341 meeting - and death doesn't necessarily stop a BK already in progress !! Weird....

The Trustee wants to talk to the person requesting relief from their debts, NOT the lawyer. In most cases, the lawyers don't say a word. They're there in case something happens, like Nellie's creditor showing up and objecting, to provide legal counsel should you need it.