Bankruptcy by proxy

[kennethtennek]

What is the name of your state? New York

Due to financial hardship, I will be unable to pay my substantial unsecured credit card debt in the future. I have spoken to CCCS and I agree that bankruptcy (preferably chapter 13) is the way to go. However, I am leaving in a month to work in Asia. Returning for a hearing would likely be impossible due to my schedule. Is there a way to have someone represent me at a future bankruptcy hearing? If not, am I literally forced to go into default on these debts and simply wait until I return to the US to file?

I have also contacted debt settlement agencies, but frankly, I can put aside money in a "trust account" and send a personal letter to my creditors telling them that when I have about 40% of my current debt, I will begin negotiations to settle the debt. I don't need to pay an agency thousands of dollars to do that (or do I?)

Any advice would be greatly appreciated.

kenneth

 

[seniorjudge]

What is the name of your state? New York

Due to financial hardship, I will be unable to pay my substantial unsecured credit card debt in the future. I have spoken to CCCS and I agree that bankruptcy (preferably chapter 13) is the way to go. However, I am leaving in a month to work in Asia. Returning for a hearing would likely be impossible due to my schedule. Is there a way to have someone represent me at a future bankruptcy hearing? If not, am I literally forced to go into default on these debts and simply wait until I return to the US to file?

I have also contacted debt settlement agencies, but frankly, I can put aside money in a "trust account" and send a personal letter to my creditors telling them that when I have about 40% of my current debt, I will begin negotiations to settle the debt. I don't need to pay an agency thousands of dollars to do that (or do I?)

Any advice would be greatly appreciated.

kenneth

Standard answer on debt settlement:

https://forum.freeadvice.com/showthread.php?p=873395#post873395

Debt settlement agencies are generally worthless.

Unless you have a written agreement from your creditor, you don’t have an agreement with your creditor.

 

[Ladynred]

Is there a way to have someone represent me at a future bankruptcy hearing?

Sort of, yes. You can file a motion requesting to appear at your 341 via interrogatories. There may be 1 other option (can't recall right now) so ask a BK lawyer in your area about it.

 

[seniorjudge]

Sort of, yes. You can file a motion requesting to appear at your 341 via interrogatories. There may be 1 other option (can't recall right now) so ask a BK lawyer in your area about it.

Let me guess....

Is this because a bankruptcy court is not an Article III court?

 

[Ladynred]

I have no idea what an "Article III" court is.. however, you are REQUIRED to have your butt in the chair to answer a Trustee's questions directly at a 341 meeting and you can't do that by proxy. I do know that it can be done via interrogatories as they are legal documents that you are swearing to answer truthfully. If you don't, you're in trouble. In order to appear in this way, you have to file a motion with the BK court asking that it be allowed and then, of course, you have to have a good reason AND it has to be granted.

 

[seniorjudge]

I have no idea what an "Article III" court is.. however, you are REQUIRED to have your butt in the chair to answer a Trustee's questions directly at a 341 meeting and you can't do that by proxy. I do know that it can be done via interrogatories as they are legal documents that you are swearing to answer truthfully. If you don't, you're in trouble. In order to appear in this way, you have to file a motion with the BK court asking that it be allowed and then, of course, you have to have a good reason AND it has to be granted.

United States Constitution

Article III. - The Judicial Branch

Section 1 - Judicial powers

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

etc.


Thanks for your info!