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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2863
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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My friend Julie filed a Chapter 13 on 11/23, S.D.N.Y. About

Resolved Question:

My friend Julie filed a Chapter 13 on 11/23, S.D.N.Y. About 10 days later, she was served with her residential landlord's motion to vacate the 362(a) automatic stay. She's short on funds, so she retained a young attorney with reasonable rates, who isn't completely familiar with all the ins and outs of bankruptcy court procedure.

The motion is to be heard tomorrow, 1/5, at ten. However, her first trustee's meeting is scheduled for ten thiry, the same morning. Julie isn't feeling well, a flu-type thing, but she didn't feel it was to the point where she should call a doctor.

Coud you give me some idea of the consequences of her not appearing personally at one or both of these proceedings. She hasn't yet submitted a plan or paid post-petition rent.

Thanks, Jonathan
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 5 years ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

If she or the attorney do not show up to the landlords motion to modify/dismiss the automatic stay, the court will likely grant that motion. once modified, the landlord can then move to evict if she is behind in rent. The landlord would need to go thru the state court eviction process, with required notices etc.

Terry L. :

As for the 341 Trustee meeting, if she or her attorney do not appear, then the trustee can bring a motion to dismiss the case for failure to appear.

Terry L. :

The trustee can give a continuance, so she'll need to contact them - today preferrably, to get another date.

Terry L. :

If this is a chapter 13, then back due rent can be paid thru the plan. If no plan has been filed, then the landlord may have the right to modify the auotmatic stay because there is no protection

Terry L. :

If she hasn't paid the post-filing rent payment, the landlord has grounds to modify as well.

Terry L. :

I see you have logged in, do you have any questions at this point?

Customer:

Thanks, XXXXX XXXXX clarify with regard to the motion hearing: the attorney would show - opposition papers were prepared and submitted. In fact, he had to make a motion to appear pro hac vice, which he was informed would be approved (or, hopefully not, disapproved) by the judge at the hearing.

Terry L. :

I see

Terry L. :

then if her lawyer shows, the judge will hear both sides and make a ruling. Sometimes the parties can ask for a continuance as well to review documents. If her lawyer is appearing at the motion, then she shouldn't need to go.

Terry L. :

Appearance at the section 341 trustee meeting is mandatory by both debtor and lawyer though.

Terry L. :

Any other questions?

Customer:

Thanks - that's just about it - but if her lawyer was only retained for the motion, which is as metioned being heard and almost the same time, must he do anything about the trustee's meeting?

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