Can I leave the country if I am filing for bankruptcy?

I need to file for bankruptcy, but I am also planning to leave the country for a few months to see my family. Is it possible to do this? Is there a correspondence I can use while away? What do I do?
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Guardian Law Group PLLC | C. David Hester
Salt Lake City, UT
You can but you must attend your 341 hearing or your case will be dismissed.

Answer Applies to: Utah
Replied: 12/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Mercado & Hartung, PLLC
Sure, but you will need to be present for the 341 meeting held about 40 days after filing.

Answer Applies to: Washington
Replied: 1/17/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Neighborhood Law Office, P.C.
You will have to be in the country for a trustee meeting. The meeting will be set by the court, but usually occurs almost exactly 30 days after you file the bankruptcy petition. This is a requirement in the law and probably will not be waived, although you could seek the court's permission. Once you have had the trustee meeting, then you can travel without any problem.

Answer Applies to: Colorado
Replied: 12/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Diefer Law Group, P.C.
You should not leave until you attend your meeting of creditors. If you file the case, you should wait until you have your hearing. If you have not filed, then there is no problem with you leaving. But if you do not attend your meeting of creditors, your case will be dismissed.

Answer Applies to: California
Replied: 12/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: J.M. Cook, P.A.
You are required to appear in court and respond to inquiries and hearings. You can designate someone to do this for you through a durable specific power of attorney.

Answer Applies to: North Carolina
Replied: 12/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Lynnmarie A. Johnson
You can leave and use a Power of Attorney if necessary, but generally in this area at least the 341 hearings are 4-5 weeks, so you should be able to attend. You might want to make sure that you discuss this with your attorney since tickets, supplies may be countable as assets if you have already purchased them.

Answer Applies to: Michigan
Replied: 12/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Alfred Law Firm
If you are filing a chapter 7, you will need to be present for your 341 hearing. If you are filing a chapter 13, you will need to be available for not only your 341 hearing but also your confirmation hearings. You will also need to be available if any other documents or motions are filed in your case requiring a court appearance. Your failure to appear for any of these hearings will likely result in the dismissal of your case.

Answer Applies to: Georgia
Replied: 12/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bankruptcy Law office of Bill Rubendall
Section 341 of the bankruptcy code requires that debtor personally appear at a meeting of creditors. The meeting is about one month after filing. You will not be excused if you miss the hearing and the case will be dismissed. If you know you are going to be out of the country delay the filing until after you return.

Answer Applies to: California
Replied: 12/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: AyerHoffman, LLP
You will only need to be in the country for any court appearances and to sign documents your lawyer prepares. There is usually only one mandatory appearance, the creditor's meeting, which is conducted by the bankruptcy trustee assigned to your case. These meetings are relatively brief and informal. If a creditor objects to the discharge of your debt, they may file initiate an adversary proceeding which may require you to appear in court. Your bankruptcy attorney can evaluate your case and help determine the likelihood of a creditor objecting to discharge and advise you on when you may leave the country without concern.

Answer Applies to: Massachusetts
Replied: 12/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Darren Aronow, PC
You must be present for the creditors meeting. It is not a good idea to leave the country for an extended time until your bankruptcy is over. If it is a chapter 13 bankruptcy and you have been confirmed, you can leave but make sure your check gets to the trustee every month on time.

Answer Applies to: New York
Replied: 12/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Sanders Law, P.A.
There's not an issue to leave the country, but you will need to be here about 30-45 days after your case is officially filed. Your meeting of creditors takes place around this time frame. After the meeting takes place and is concluded, you would be able to leave as long as you had a way to continue communication if it was necessary.

Answer Applies to: Florida
Replied: 12/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Janet A. Lawson Bankruptcy Attorney
You have to attend a hearing. If you fail to appear the case will be dismissed.

Answer Applies to: California
Replied: 12/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Carballo Law Offices
You can file and attend the meeting of creditors and then be gone right away unless there are complications at the meeting of creditors. You will need to be around for about six weeks after filing unless there are complications. Having an attorney experienced in bankruptcy will insure that your case is properly handled and that you are aware of potential issues that could complicate and delay your case and force you to be around longer than you are planning.

Answer Applies to: California
Replied: 12/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law offices of John P. Brooke
If you a filing for a chapter 7 bankruptcy you will have to go to court for the meeting of creditors approximately one month after filing the petition. You would be notified of the date within a few hours of filing. Just as long as you are home for this meeting I think you would be fine in leaving the country for a little while. You should know at the meeting of creditors if there is a problem that would require your attention. The court does give the creditors two months to object and the trustee has certain time frames to file his own objections, if any. The court would send you notices to the address that you list on the petition.

Answer Applies to: New York
Replied: 12/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Stockman Law Office
You must appear at the 341 meeting, which occurs 30-45 days after your petition is filed.

Answer Applies to: Florida
Replied: 12/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Ashman Law Office
You change your plans or delay filing since you'll need to be at hearings.

Answer Applies to: Georgia
Replied: 12/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Heupel Law
You need to attend your meeting of creditors but after that you can travel wherever you want to go.

Answer Applies to: Colorado
Replied: 12/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Michael Johnson
No, you need to attend a hearing that is usually about 30 to 45 days after you file.

Answer Applies to: Florida
Replied: 12/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Symmes Law Group, PLLC
You will want to hang around for 30 days after filing so that you can attend your meeting of creditors.

Answer Applies to: Washington
Replied: 12/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Joseph A. Mannis
You will have to make an appearance at the Meeting of Creditors, which is usually the only appearance you'll have to make. That meeting generally takes place approximately a month after the filing date, but they will continue it once if you miss the first one. I think the best solution for you would be file this thing now, get the court date out of the way, and then you can leave the country without having to worry about returning for the bankruptcy.

Answer Applies to: California
Replied: 12/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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