Rules on 341? Leaving U.S., Must I Attend 341?

[Respite]

I am in such a bad situation that I find myself having to file for Chapter 7. Thing is, I am moving back to family overseas and need to know how strict the requirement is that I attend the 341. It would be a LONG trip so I'd like to avoid having to do that. Anyone? Many thanks.

[music12]

usually you would have to attend. to get out of it, you would have to have a very good reason. i don't know whether or not yours would qualify. if you do then you would do the 341 by written affidavit.

however, don't count on it. i think it's very unlikely to be allowed.

can you plan the trip to 2 months after your filing date? usually the 341 is 4-6 weeks after filing date but in some districts it takes longer.

[Respite]

Had planned to move back with wife and kids VERY soon. Leaving the house and wanted to file. Do you know what the standards are, or what the test is, for allowing the affidavit for 341 in lieu of attending? This sucks! =)

I am not a citizen and really am ready to leave. Great country, I'm just out of resources.

[music12]

i have no idea. ask a lawyer. there needs to be some extreme hardship.

[aljohnson007]

Personally, I would just leave and not do the bk thing. If you are not in the USA, what can they do? The person that previously owned our home was in a simuliar situation and they just packed up and moved back to Brazil. End of story!

[music12]

some people did things like that but then years later realized they need to get back to the country where they left tons of debt behind. not a good idea. don't burn your bridges with a country!!

[banca rotta]

Very interesting post. I will keep my opinion to myself to avoid this thread getting out of control. That is all I will say...

[Amy26]

I moved to Denmark last year and was faced with the same thing. Some lawyers told me just to walk away and never look back... but guess what, I lost my job overseas and I had to move back to the US. So, very glad I didn't just walk away and leave things.

[Respite]

I have to agree that leaving behind debts, and then the inevitable default judgments, is not a good idea. I just have to find out about mandatory appearance for the 341. I think I would file for chapter 7 and tell trustee down the road that hey, let's do it telephonically. Hardship is, I can't get there, as I have family and I'm out of the country. No?

[music12]

ask a lawyer in your district first.

[HHM]

Simply moving is generally not a sufficient excuse to not attend the 341. The reason for non-attendance must be out of your control. (e.g. called to active duty and shipped to Iraq, car accident and in the hospital, severaly disabled, etc).

[music12]

HHM makes a lot of sense.

if something in your control were a good enough reason, everybody would be able to plan not to be there.

[Amy26]

Yes, that's one of the reasons I didn't file when I moved out of the country the lawyer I spoke with told me I could not file and not be there just because I moved out of the country.

[jribe]

why can't you just wait? What's the rush- if you don't want to make two trips - don't. Just file, and wait the 30-45 days until your 341 and go then.

It is usually required that you attend the 341 and "moving" doesn't qualify.