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Debtor not able to show up at the 341a
I had a case where the debtor was elderly, at a care facility, difficult to
move, and "confused". We filed the petition, contacted the trustee and
explained the situation. We offered to supply medical information confirming the
difficulty in moving the debtor. After some conversation the trustee
provided interrogatories which were answered by the debtor in lieu of attendance.
David Candaux
I had a case where the debtor was elderly, at a care facility, difficult to
move, and "confused". We filed the petition, contacted the trustee
and explained the situation. We offered to supply medical informationconfirming the difficulty in moving the debtor. After some conversation
the trustee provided interrogatories which were answered by the debtor in lieu
of attendance.
David Candaux
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call the trustee beforehand. they may send out interrogatories. i've had a few cases like this. one debtor was in the army; another was married and debtors moved to belgium, wife pregnant and couldn't travel so only h appeared. another debtor too sick w/cancer to appear. they should work w/you. good luck.
"Hale Andrew Antico, Esq." wrote:Unmarried debtor has agorophobia, and intense fear of being outside. She has not traveled beyond 1 block from her house in a long time. On occasion, she can travel 2 or 3 blocks, but only if heavily medicated. If there was a million dollars just sitting at the beach, she told me, she'd rather go broke. The congestion of 7th and Fig would be hell on earth to her.
In re Henson, 302 B.R. 884 (Bankr. D. Cal., 2003) seems to be on point about finding other ways to accommodate a debtor in rare circumstances. (a debtor in prison would be another). It cited and relied on In re Bergeron, 235 B.R. 641, (Bankr. N.D. Cal. 1999).
Question: logistically, how best to arrange something like this and tip off the Trustee so that I don't show up to the 341(a) alone? Include a letter from her doctor with the petition as an Extraneous Document, and call the Chapter 7 Trustee when I learn who's assigned to it?
Very truly yours,
Hale Andrew Antico
Attorney at law
(800) 227-2947
http://LosAngelesBankruptcy.net
"I am easily satisfied by the very best."
-- Winston Churchill
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call the trustee beforehand. they may send out interrogatories. i've had a few cases like this. one debtor was in the army; another was married and debtors moved to belgium, wife pregnant and couldn't travel so only h appeared. another debtor too sick w/cancer to appear. they should work w/you. good luck."Hale Andrew Antico, Esq." <cdcbaa@losangelesbankruptcy.net> wrote:
Unmarried debtor has agorophobia, and intense fear of being outside. She has not traveled beyond 1 block from her house in a long time. On occasion, she can travel 2 or 3 blocks, but only if heavily medicated. If there was a million dollars just sitting at the beach, she told me, she'd rather go broke. The congestion of 7th and Fig would be hell on earth to her.
In re Henson, 302 B.R. 884 (Bankr. D. Cal., 2003) seems to be on point about finding other ways to accommodate a debtor in rare circumstances. (a debtor in prison would be another). It cited and relied on In re Bergeron, 235 B.R. 641, (Bankr. N.D. Cal. 1999).
Question: logistically, how best to arrange something like this and tip off the Trustee so that I don't show up to the 341(a) alone? Include a letter from her doctor with the petition as an Extraneous Document, and call the Chapter 7 Trustee when I learn who's assigned to it?
Very truly yours,Hale Andrew Antico Attorney at law (800) 227-2947 http://LosAngelesBankruptcy.net "I am easily satisfied by the very best." -- Winston Churchill
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Hale,
Get a physicians/psychiatrist letter first. Write the trustee and request interrogs. If this doesn't work, get someone whom the debtor trust to driver her to the hearing. Ask for priority, sit with the debtor to comfort her and get her out quickly!
Ty
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First, write/call the Trustee and see if they will agree to examine the debtor by written interrogatory or phone. About half of our Trustees will do that. If that doesn't work, you need to file a motion with the court to allow the alternate examination method.
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The post was migrated from Yahoo.
Unmarried debtor has agorophobia, and intense fear of being outside. She
has not traveled beyond 1 block from her house in a long time. On occasion,
she can travel 2 or 3 blocks, but only if heavily medicated. If there was a
million dollars just sitting at the beach, she told me, she'd rather go
broke. The congestion of 7th and Fig would be hell on earth to her.
In re Henson, 302 B.R. 884 (Bankr. D. Cal., 2003)
The post was migrated from Yahoo.