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Expat filing CH7

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    Expat filing CH7

    Hi Everyone,

    This site has been very helpful and I now find myself with a question that I cannot find an answer to. Here is the background:

    Owned two houses in the US, first one was our primary residence, second we 'sold' on Real Estate Contract. In 2006 got a job at a United Nations organization in Vienna Austria. Moved in August 2006. Primary home sat vacant for 9 months before renters were found, had to reduce rent to ~45% of the mortgage. Used entire savings paying the mortgage while the home was vacant. In May 2008 the guy who bought second home stopped paying us, had to foreclose on him. Thus, between May 2008 and Dec 2008 we were ALMOST paying mortgages on 2 homes plus rent on our apartment in Vienna with my paycheck and the modest rental income from our primary home. We were paying CC's with CC balance transfers, using CC's to buy groceries, and getting cash advances to make ends meet. Saw the light and started on the road to Ch 7.

    Current situation is that we still live in Vienna, our 341 was scheduled and we did not attend because it would have cost ~$5000 to get us all (we have 2 small children) to the meeting. As you can imagine, we did not have that kind of cash just lying around. Our attorney is arguing that we could tele- or video-conference the 341 from the Embassy or consulate here in Vienna. The book is not closed yet IF we can prove there is precedence in previous cases where this was allowed.

    So, my question to the forum is: Does anyone know of specific cases where a filer was allowed to 'attend' their 341 meeting via telephone or video- conference? If so, can you provide details (location, case #, etc.)?

    Thanks!

    PS: both filers are US citizens

    #2
    yes

    I knew of a guy in the service out to see that did his by telephone.

    Good luck!
    B x
    filed Ch 7 Oct 31st 2008.
    341 Dec 10th 2008.
    DiSCHARGED Feb 10th 2009

    Comment


      #3
      I know there is an exception to most everthing legal but I can't find one that allows a 341 without the debtor in attendance. Sorry.
      Filed Ch7 5/28/09 (Pro Se) Orlando, 341 7/01, UST selected case for audit 7/01, Last day for objection 8/31. Audit report filed 9/10, no material misstatements. Discharged and closed 9/22/2009

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        #4
        just an idea...

        I am not even sure, its just a thought, ask if you can send a Family member with Power of Attorney to the 341 to act in your behalf as long as they know your intentions, yet the Attorney will be there to do their Job.. ya hope.

        Not sure, just a thought.

        Comment


          #5
          I'm about to do the same thing you are. My lawyer said we had to attend. I don't think it will be allowed since you are not a service member or have any medical condition that prevents you from traveling. It costs just around 3k to fly with 4 people. At least from UK to DC. Done it before. I would try very hard to find the money and get there for the 341. What state are you filing from?
          Filed: 6-7-2010 341: 7-15-2010 DISCHARGED: 9/17/2010

          Comment


            #6
            Thanks JoePlumber I will ask my attorney to see if this is possible.

            Filing in New Mexico.

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