Legal Question in Bankruptcy in California
Dimissal due to failure to appear at 341 meeting
My husbands chapter 13 case was dismissed due to a failure to appear at the 341 meeting. He filed his bankruptcy pro per under the guidance of a foreclosure assistance company and was not aware of the meeting date. It was on 2/23 and I recieved the notice of dismissal without prejudice yesterday 3/2.
Can I do anything about getting this dismissal reversed and or the case reopened and how do I go about it.
I am in San Diego.
2 Answers from Attorneys
Re: Dimissal due to failure to appear at 341 meeting
Chapter 13 hankruptcy cases are hard enough to handle WITH an attorney and handling one without an attorney is nearly impossible. It may be possible to file a motion to set aside the dimissal and proceed or you may need to refile. You may contact my office next week if you wish to discuss the matter rurther.
Re: Dimissal due to failure to appear at 341 meeting
You would have to bring a motion to set aside the dismissal. The bankruptcy court generates a notice of meeting of creditors that should have been sent to your husband's last known address within a few days after he filed. If he can show a good reason for not receiving the notice, he might try to convince the judge that the dismissal be set aside. But he'll need a lawyer. He would also have to bring with him to the 341a meeting (if the BK is reinstated) the first payment under the plan. Do check the letter and confirm that the case was dismissed as opposed to a threat that it will be dismissed if he doesn't show up for the next specified hearing date.
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