Can an active military member file for bankruptcy before going on duty? 24 Answers as of July 24, 2011

I'm on active duty and am going to be sent to Iraq for my 3rd tour. After which I already have a contract to work in Iraq for personal security. Knowing that I won't be in the States for at least 5-6 years- can I file for bankruptcy?

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Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
Yes.
Answer Applies to: New York
Replied: 7/24/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
An active military member can file for bankruptcy. You will have to attend a meeting of creditors that happens about five weeks after you file.
Answer Applies to: California
Replied: 7/22/2011
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
You can, but you would need to attend the meeting of creditors which occurs about 30 days after you file, so you would need to be shipped out at least more than 30 days for the time you file.
Answer Applies to: California
Replied: 7/22/2011
Guerrieri & Cox
Guerrieri & Cox | Michael A. Cox
An active military member may file bankruptcy before going on duty so long as a proper durable power of attorney is obtained for a designated representative that would allow an appearance at a meeting of creditors and so long as credit counseling is obtained prior to the filing. A financial management class is normally required after filing, but if you are in a "combat zone," you would not have to take the financial management class. If the status of your duty in Iraq is somehow "non-combat," related, then you could take the course online wherever you could obtain internet access.
Answer Applies to: Ohio
Replied: 7/22/2011
Law Office of Harry L Styron
Law Office of Harry L Styron | Harry L Styron
On the date you file the Petition you must have been domiciled in the district where you file for 180 days. You also must attend a meeting of creditors, which will happen about 45 days after you file. After that, your absence is immaterial.
Answer Applies to: California
Replied: 7/21/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    Generally they can, you may be cautious as to the effects of doing so if you have a security clearance that will be affected by the filing of a Bankruptcy.
    Answer Applies to: Florida
    Replied: 7/21/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    You can, but be sure to do it with AT LEAST 40 days before you leave. You must attend the 341 meeting of the creditors which will be scheduled 30 days after your petition is filed. You also will want an attorney to make sure everything gets filed so there are no issues while you are away. Thank you for your service to our country and stay safe.
    Answer Applies to: New Hampshire
    Replied: 7/21/2011
    Florio Law Firm, PLLC
    Florio Law Firm, PLLC | Amber Morgan Florio, Attorney at Law
    This depends in part on what Chapter of Bankruptcy you wish to file.
    Answer Applies to: Texas
    Replied: 7/21/2011
    Mankus & Marchan, LTD
    Mankus & Marchan, LTD | Tony Mankus
    You can file bankruptcy here if you meet the residency test, but you have to be present to attend the creditors' meeting which is generally scheduled within 30 - 45 days after the filing of the petition.
    Answer Applies to: Illinois
    Replied: 7/21/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, the 341(a) hearing will be tricky. The JAG officer will have to do it. I have made these types of arrangements before. You will probably need a lawyer to represent you to set this up.
    Answer Applies to: California
    Replied: 7/21/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Yes as long as ypou are available to go through the proceedings.
    Answer Applies to: California
    Replied: 7/21/2011
    Law Office of Abel L. Pierre
    Law Office of Abel L. Pierre | Abel L. Pierre, Esq.
    Generally you can file for bankruptcy at any time. However, most bankruptcy filings require one court appearance at an examination by the United States Trustee. If you are an active member of the United States Armed Forces you may be able to make an application to the court to have your appearance waived at the 341 meeting. There is no guarantee that the court will grant your request but it certainly may be made.
    Answer Applies to: New York
    Replied: 7/21/2011
    Engberg Law Office
    Engberg Law Office | Harry A. Engberg
    You can file a Chapter 7 as long as you are available for the creditors meeting. It is held 30 days after filing. You are required to be there.
    Answer Applies to: South Dakota
    Replied: 7/21/2011
    Law Office of J. Scott Logan, LLC
    Law Office of J. Scott Logan, LLC | John Scott Logan
    Yes. You can even file from oversees. You may need to attend a meeting with a Trustee about a month after you file. This can usually be done via Skype or telephone.
    Answer Applies to: Maine
    Replied: 7/21/2011
    Lake Forest Bankruptcy
    Lake Forest Bankruptcy | Anerio V. Altman, Esq.
    Simply put yes. You would file wherever your last place of residence existed. Each district handles this type of situation differently. I've filed for numerous active duty soldiers. It's not that difficult.
    Answer Applies to: California
    Replied: 7/21/2011
    Greifendorff Law Office
    Greifendorff Law Office | John Greifendorff
    Yes. And, there are provisions in the law that specifically aid deployed military. Go to www.nacba.com, use the lawyer locator on that page, and find a member in your area. nacba is the national association of consumer bankruptcy attorneys.
    Answer Applies to: California
    Replied: 7/21/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Yes, though the questions you would normally answer orally at the Trustee hearing would have to be conducted by written questions, which would probably be allowed given the circumstances.
    Answer Applies to: California
    Replied: 7/21/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    If you'll be here for enough time to file and go to the 341meeting (30+ days) there's no reason you can't. Your lawyer might also be able to arrange with the trustee by phone.
    Answer Applies to: Virginia
    Replied: 7/21/2011
    Law Offices of John J. Ferry, Jr.
    Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
    Yes. There are some special rules in place to make it a bit easier for deployed active duty military. You should talk to a bankruptcy attorney for details.
    Answer Applies to: Pennsylvania
    Replied: 7/21/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Yes.... but you will have to attend the meeting of creditors usually within a month of filing. However, there is a special provision in the law for military personnel who are on active duty and cannot attend the meeting of creditors. You will need to make arrangements with the trustee if you cannot be present at the meeting of creditors.
    Answer Applies to: California
    Replied: 7/21/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    The move doesn't prevent filing, but it may affect the success of the case. You have to be able to appear at hearings and also to submit information on short notice. A lawyer may be able to assist you in appearing by phone at hearings.
    Answer Applies to: Georgia
    Replied: 7/21/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    As long as you are able to be present for the 341 meeting with the Trustee there should be no problem. If you are leaving right away, it will be more difficult. There may be a way to conduct the 341 meeting by telephone from a location with a notary, but it will be complicated to set up.
    Answer Applies to: Colorado
    Replied: 7/21/2011
    Dan Shay Law
    Dan Shay Law | Daniel Shay
    Yes, you should be able to get a waiver for the Credit Counseling and a telephone appearance for the 341 hearing. Now would be the time to file before you leave and potentially start making more money.
    Answer Applies to: California
    Replied: 7/21/2011
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