415.963.4004Every bankruptcy case involves the 341 meeting of creditors. This is where the trustee swears a debtor under oath and examines him or her about assets and representations made in the bankruptcy petition. Recently my client and I were sitting next to each other waiting for the trustee to call the next group of five debtors to be examined under oath at the 341 meeting of creditors. An attorney walked in and asked the trustee if he could jump the line and have his case heard first because he had a hearing he needed to get to. The trustee being her usual accommodating self said, “Sure. What’s your client’s name?” The attorney furled his brow and responded, “I don’t know.” He then started rummaging through his papers.
My client leaned over to me and whispered “I’m glad he’s not my attorney. I would fire his ass.” He’s a candid person.
Generally, the 341 meeting of creditors gives my clients the most anxiety in the bankruptcy process. It is at that moment that a client wants their attorney to be there. For those few who decided to file without an attorney, it is when they regret going without counsel. Often the attorney can quickly clarify an issue and diffuse the situation or protect the client if needed.
At these hearings, I always watch my colleagues for the little details. For example, at the hearing the trustee will ask me to announce my appearance. I say, “Jeff Curl appearing on behalf of John Smith.” Many attorneys say, “Attorney so-and-so appearing on behalf of debtor.” It’s apparent that some refer to their client as “debtor” because they do not appear to even know their client’s name. Or some are coverage attorneys; they never handled this person’s case, but were sent to cover the hearing. Given that this hearing can make or break a case, this casualness surrounding the 341 meeting of creditors is a little alarming.
There are some high volume attorneys that get a lot of clients through spending gobs of money on advertising. That’s great from a business perspective. But if the quality of counsel and advocacy by the attorney is subservient to the mighty dollar, something is wrong.
If the attorney does not even know your name, how well do you think he or she knows your case?