What Is The Attorney’s Role At This Meeting?
An attorney’s job at the 341 hearing is to just be there as the attorney of record; to make sure that their client has gotten their questionnaire done properly; to make sure that they have reviewed the bankruptcy information sheet that they are required to go through and to just act as their counsel during the hearing.
An attorney will make sure that their client will answer the questions that they are supposed to answer and be sure that they do not volunteer information that they really do not need to volunteer. The only time people get into trouble is when they start offering up information that they really did not need to offer.
The best example that can be given here is if the trustee asks you what color is the sky? Well, the answer to that question is that the sky is blue. If you start saying well, you know if it is cloudy and at sunset it can be pink and orange, and if it is raining it can be gray and all that. That is what happens, people just start blurting out information when all the trustee wants them to do is just answer a very simple question. That is generally the idea on how people can get into trouble at the meeting.
That is really what the job of an attorney is; to make sure that they just answer the question that is asked and that they move onto the next question.
Every once in a while, the attorney will interrupt their client and just ask them to just focus on the question that the trustee was asking them. People get nervous at the hearing and understandably so.The job of an attorney is to make sure that they stay calm, cool and collected and just answer the questions that they need to answer to get the 341 meeting completed.
If For Some Reason, Someone Doesn’t Know The Answers To Some Of The Trustee’s Questions, Can They Talk To Their Lawyer?
Yes, they can always talk to their attorney during the hearing but generally speaking once they are up there testifying, the trustee is asking them questions that are pretty simple and they pretty much have to do with the information contained within their petition and schedules.
For the most part, there are never any surprises. The 341 hearing actually is kind of boring sometimes, but it is just part of the procedural process that has to be gone through in order for a debtor to complete their case and get a discharge.
For more information regarding the 341 Meeting of Creditors, call the law firm of Steven F. Bliss at (858) 278-2800 or (951) 223-70000 now for a FREE Initial Consultation and get the information and legal answers you are seeking.