bankruptcy & deployment???

[syek]

my husband is on deployment. we had come to the conclusion that bankruptcy was our best option for our 25k debt before he left, we just didn't have enough time to get the ball rolling.

so my ? is, can i file while he is on deployment?? i have a poa.

TIA

[soleprop]

he'd need to attend the 341 i believe...there's no way out of that one. can you time the filing for when he returns or is that period of time too extensive?

you can also file alone, and when he returns he can file...

that's what little i have to offer- good luck and i hope someone more knowledgeable on this situation comes along!

[PoorGrammyinBK7]

Hi and welcome! There is a BKforum member named Cali whose husband was deployed. She went to her 341 alone and had no problems. So if you search for her on here, I am sure you can get lots of good info.

PoorGrammy

[jktrading]

There is a Servicemembers Civil Relief Act. Here's a link I found:

http://usmilitary.about.com/od/sscra/l/blscramenu.htm

More specifically you may find the, "TITLE II--GENERAL RELIEF," section addresses stays of proceedings, and protection against default judgments.

[lrprn]

Since you have your husband's power of attorney, it's likely that he does not have to attend the 341 meeting. However, it's also possible you can "freeze" your financial problems while he's away - the Servicemembers Civil Relief Act provides many financial protections during a military deployment.

Check with your base's Family Support and Legal Assistance groups - they will be able to give you an idea of the protections that exist for you and your family while he's overseas. (And as a US citizen I thank you so much for your husband's and your personal sacrifices for our country.)