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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37802
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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Can a married couple living overseas with one of the parties

Resolved Question:

Can a married couple living overseas with one of the parties being in the military file bankruptcy in their state of permanent residence and proceed using interrogatories instead of showing personally at the 341 and any other hearings?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 4 years ago.
There is case law holding that a debtor in military service may appear at a meeting of creditors by telephone, provided that the debtor obtains permission from the court in advance, via a noticed motion. See e.g., In re Martin, 12 B.R. 319 (SD AL Bankr. 6/23/1981).

So ,the answer here is "yes," to a telephone hearing, but as for written interrogatories, that would also need court permission, and I suspect it may be denied, because creditors would be unable to examine the debtor, based upon what the debtor discloses at the 341 hearing.

Hope this helps.

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