05 Aug Filing Bankruptcy And Leaving The Country – Not So Fast!
When you file for bankruptcy you must appear at a meeting of creditors. This meeting is held so that creditors and other parties who have an interest in the case can question the debtor regarding the debts and assets of the estate. It also provides them with the chance to learn about the debtor’s financial situation in greater detail through questioning by other creditors. And though it is exceedingly rare for anyone to appear at the meeting of creditors, it must be held.
Except in rare circumstances, the debtor (or debtors, in a joint case) must appear in person before the trustee. Extenuating circumstances that may prevent someone from personally appearing may include military service, serious medical condition, or incarceration. In such instances, a debtor may be able to appear by telephone.
Looking at the extenuating circumstances, it is clear that these are all matters outside of the debtor’s control. Leaving for vacation, to visit friends and family, or merely relocating outside of the country are not normally considered to be extenuating circumstances.
The best thing to do? Stay put until after the meeting of creditors and any other court meetings. If you don’t, you may be jeopardizing your bankruptcy case.
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