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Filed in JAX but moving to Denver

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    #1

    Filed in JAX but moving to Denver

    I am just wondering:

    I am filing my roommates bankruptcy petition (Chapter 7) tomorrow; the reason really is someone wont stop harassing us about a debt and its preventing us from getting a place... So anyways:

    I am living in Jacksonville, Florida and will be moving to Denver, CO in September (sept 13)... So i am planning to File his paperwork in the morning...

    So the question is will it be complicated to have everything transferred to denver? how the heck do you do it, can you maybe even do it by phone?? LOL Possible?
    Tags: None
    #2
    Originally posted by toilettrash View Post
    I am just wondering:

    I am filing my roommates bankruptcy petition (Chapter 7) tomorrow; the reason really is someone wont stop harassing us about a debt and its preventing us from getting a place... So anyways:

    I am living in Jacksonville, Florida and will be moving to Denver, CO in September (sept 13)... So i am planning to File his paperwork in the morning...

    So the question is will it be complicated to have everything transferred to denver? how the heck do you do it, can you maybe even do it by phone?? LOL Possible?
    Your roommate would need to be there for the 341 meeting. It's not an invitational meeting, it's mandatory. After the meeting just notify the court of the change of address. (Unless there is an objection to discharge, then he would need to stay put until things are resolved in case another face to face meeting is needed.)
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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      #3
      If you file in JAX, the case stays in JAX. You cannot have the case transferred.

      As was pointed out, your "friend" will need to come back to JAX to attend the meeting of creditors; other than that, assuming this is a simple case, then there really is no problem with moving. (be sure to file a change of address with the court clerk in JAX so you can get notices at the new address).

      Comment

        #4
        thank you! LOL I wish it was a Invitational meeting LOL wish it wasnt manditory. Reason why were filing is pathetic but hey.. What happened is were trying to rent an apartment and it shows up on his that he still owes money; so what the plan is he files today and that basically can be cleared up!!!!

        Thanks again to all of you

        Comment

          #5
          Is that all he owes and the only reason for filing?

          His credit report will still be negative, owing money from rent/lease and a very recent bankruptcy will (most likely) both make a landlord think twice about renting to him.

          If that is the only bad debt he should work on fixing that, pay it if it is correct, or challenge it in court if necessary if it is an incorrect billing.

          And other than military personnel stationed away from the home bankruptcy court there is no leeway on the 341 appearance. I looked for any loophole. My husband finally found work, but it is 1000 miles from home. He will have to drive 15 hours to come back for the 341. UGH!
          I am not an attorney. I am just a fellow passenger on a sinking ship. Anything posted above is my opinion or best guess, and nothing more.

          Comment

            #6
            out of the frying pan into the fire

            Hi TT,

            I think your friend is jumping out of the frying pan into the fire. Using a BK to get rid of a single debt....and then you cannot file again for 8 years. Hope nothing happens in those 8 yrs where you would really need a BK.....

            AND, you still might not get your place.....sounds like your landlord pulled your friends credit report and saw something he didn't like. Now the landlord pulls the credit report and will see no credit and a bankruptcy. How is that going to be better?

            Really think this one through. Have you taken the required class before you can file for BK? At this class you should ask lots of questions about your situation. Will a BK really help, why, why not? What about using a mediation process with the creditor? How about settling with them?

            I would get all the options and use a financial counselor to help you decide.

            Tom in Colo but not in Denver....
            Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

            Comment

              #7
              thank you for all. I did file his bankruptcy; he did have a lot of unsecured credit cards and way to many hospital bills.

              Anyways we filed yesterday but moving to denver, co on the 13th of next month. How in the heck can we fix things. I know now its mandatory he attends the creditor meeting but if were going to be in Denver cant cant get back to Jax/FL how can we arrange this?? Any ideas?

              Comment

                #8
                The friend has to go, it is mandatory. If he fails to appear, the case will be dismissed and you will be back to square one.

                Comment

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