So I’m dealing with this attorney who keeps showing up at my 341 meetings. He’s supposedly representing either a debt collection company or my ex, who’s listed as a creditor. The problem is, he keeps asking questions about things unrelated to my bankruptcy timeline—like stuff that happened post-petition or even before the two years leading up to my filing.
Every time I go, the scope of the questions changes. He’ll ask for some documents, and then at the next meeting, he’ll ask about completely new things. I’m about to have my fifth 341 hearing because of this. It’s like he’s using the process to keep dragging it out.
I also have questions about the debt itself. I never got any debt verification, and I thought I could ask the actual creditor questions if they showed up. But my ex isn’t coming to these hearings, only his attorney. Is it normal for the creditor themselves not to show up? And do I have any right to ask questions about this debt, or am I stuck just answering whatever they throw at me?
It’s normal for the creditor’s attorney to show up instead of the creditor themselves. As for asking questions, 341 meetings are really more about the trustee and creditors asking you questions, not the other way around.
@KevinReed
Yeah, I’ve been through this. It’s frustrating, but creditors can send their attorneys, and you usually don’t get to cross-question them at 341s.
@KevinReed
Agreed. The 341 is mainly for them to verify your info, not for you to challenge the creditor. Maybe consult with an attorney to get clarity on the debt.
Francis said:
That does sound like they’re pushing the limits of the process. If you feel they’re abusing the 341 process, you could bring it up with the trustee.
Exactly. Trustees don’t like it when creditors or attorneys drag things out unnecessarily. It’s worth mentioning if it keeps happening.
If you didn’t get a debt verification, you might be able to challenge the debt later. But for now, the 341 isn’t the place for that. An attorney might help you figure out the best way forward.
Kim said:
If you didn’t get a debt verification, you might be able to challenge the debt later. But for now, the 341 isn’t the place for that. An attorney might help you figure out the best way forward.
I agree. You could bring up the lack of verification after the 341. An attorney could help make sure it’s handled right.
I had a similar experience. The creditor’s attorney kept changing their questions and dragging out the process. The trustee eventually stepped in and put a stop to it.
Vern said:
I had a similar experience. The creditor’s attorney kept changing their questions and dragging out the process. The trustee eventually stepped in and put a stop to it.
That’s good to know. I’d definitely let the trustee know if it feels like they’re going too far.
It’s frustrating, but legally they’re allowed to send an attorney instead of showing up themselves. You might want to get a bankruptcy attorney to help push back if needed.
Miller said:
It’s frustrating, but legally they’re allowed to send an attorney instead of showing up themselves. You might want to get a bankruptcy attorney to help push back if needed.
Totally. Even if you’re pro se, having a consultation with a bankruptcy attorney could help you figure out how to handle this.