I want to file chapter 7 Bankruptcy, but I will be shipping to army boot camp soon; what happens if I am unable to attend court?

Asked about 4 years ago - Clermont, FL

I want to file chapter 7, most likely for me and my wife. I will leave for the army within a couple of months, but I want to file now so that I may buy some time in the forclosure, so that my wife can stay in the house until she can join me. The question is what happens if they set a date while Im at boot camp and am unable to attend can my wife go without me if she has a power-of-attorney? will it get dismissed, and if so can I refile at a later date or is that it?

Attorney answers (2)

  1. Timothy George McFarlin


    Contributor Level 12


    Best Answer
    chosen by asker

    Answered . If you are unable to attend your bankruptcy hearing, the trustee and judge do have the option of dismissing your case. However, judges and trustees are typically very deferential to our military personal, and often allow a notarized declaration in lieu of live 341(a) testimony. I'd suggest you speak with a bankruptcy attorney in your area and find out how the process works under the local rules of your district before moving forward, and experienced bankruptcy attorney will have had this come up before. Another alternative is for your wife to file individually, it sounds like this may accomplish your purposes. Finally, thank you for your service.

  2. Theodore Lyons Araujo


    Contributor Level 20

    Answered . The court may allow the POA to attend instadd of you but check with your attorney to see whaat the local practice is in your area.


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