Military waiver for 341 meeting??

[21bwife]

Before we filed our Chapter 7 petition I spoke with the paralegal assistant at the Trustee office that deals with deployments. She said that on the day of our filing to fax her a letter requesting a non-appearance, non-telephonic, waiver for my husband who is deployed to Afghanistan. She stated there was no guarentee that it would be approved but she would try her best. So we filed on the 14th of October, I faxed her the letter that day.

Fast forward to today...... I get a call from the Attorney's office, its the paralegal. I have had nothing but rudeness from her in the past. She states that she recieved a call from the trustees office about the waiver and they were processing their paperwork on their end. Then she proceeded to tell me, I don't know why you would think you would get this. He just needs to come to the meeting or have his commander call on his behalf and do the meeting for him.. I'm in shock! He will be deployed til June and he is a Combat Engineer. Why would his commander need to be involved?

Sorry for the long rant, but I am so lost. Has anyone ever got a military waiver approved. By the way I am in Las Vegas, NV. I have never been so nervous in my life. I gave them a copy of his military ID, his deployment orders, and I have his actual social with me! He also signed the petition and mailed it to them. Does anyone have any advice?

Thank you in advance!

[mickeyme]

21bwife - I can not believe people are so insensitive. This is a stressful time in your life not to mention having your husband deployed in Afghanistan. I wish I had some words of wisdom for you but hopefully someone with more experience will. I hope this mess is cleared up soon for you and I wish your husband a safe and speedy return.

[free2breathe]

http://www.justice.gov/ust/r17/docs/general/eca/alt_app_soldiers_policy_memo.pdf

I found this, it's dated 2003, but I haven't found anything rescinding it. I hope this helps.
And tell your husband THANK YOU for his service.

[tobee43]

Before we filed our Chapter 7 petition I spoke with the paralegal assistant at the Trustee office that deals with deployments. She said that on the day of our filing to fax her a letter requesting a non-appearance, non-telephonic, waiver for my husband who is deployed to Afghanistan. She stated there was no guarentee that it would be approved but she would try her best. So we filed on the 14th of October, I faxed her the letter that day.

Fast forward to today...... I get a call from the Attorney's office, its the paralegal. I have had nothing but rudeness from her in the past. She states that she recieved a call from the trustees office about the waiver and they were processing their paperwork on their end. Then she proceeded to tell me, I don't know why you would think you would get this. He just needs to come to the meeting or have his commander call on his behalf and do the meeting for him.. I'm in shock! He will be deployed til June and he is a Combat Engineer. Why would his commander need to be involved?

Sorry for the long rant, but I am so lost. Has anyone ever got a military waiver approved. By the way I am in Las Vegas, NV. I have never been so nervous in my life. I gave them a copy of his military ID, his deployment orders, and I have his actual social with me! He also signed the petition and mailed it to them. Does anyone have any advice?

Thank you in advance!

please someone correct me if i'm wrong...which i'm certain they will hopefully.

military waivers can vary state to state...

one approach, my i suggest...is... that an active duty members who are stationed overseas may need to get a power of attorney for someone to file on their behalf at their stateside location or jurisdiction.

it is needed...unfortunately...but if someone knows different please chime in!

[AngelinaCat]

Look for posts by a member named Cali. She hasn't posted in a long time, but was in the process of filing when I joined, and her husband was stationed in Iraq. She carried a copy of his orders to the 341, and she had the Durable Power of Attorney.

Thank you and your husband for your service to our Country.

Edit to add: Here is one of Cali's threads. Post #11 tells of her 341.

http://www.bkforum.com/showthread.php?26048-Today-is-finally-here...&highlight=

[tobee43]

yes...please beg my pardon...i FORGOT my thanks...but NOT really...i thank your husband Nand you everyday!!

[wonderingrov]

Before we filed our Chapter 7 petition I spoke with the paralegal assistant at the Trustee office that deals with deployments. She said that on the day of our filing to fax her a letter requesting a non-appearance, non-telephonic, waiver for my husband who is deployed to Afghanistan. She stated there was no guarentee that it would be approved but she would try her best. So we filed on the 14th of October, I faxed her the letter that day.

Fast forward to today...... I get a call from the Attorney's office, its the paralegal. I have had nothing but rudeness from her in the past. She states that she recieved a call from the trustees office about the waiver and they were processing their paperwork on their end. Then she proceeded to tell me, I don't know why you would think you would get this. He just needs to come to the meeting or have his commander call on his behalf and do the meeting for him.. I'm in shock! He will be deployed til June and he is a Combat Engineer. Why would his commander need to be involved?

Sorry for the long rant, but I am so lost. Has anyone ever got a military waiver approved. By the way I am in Las Vegas, NV. I have never been so nervous in my life. I gave them a copy of his military ID, his deployment orders, and I have his actual social with me! He also signed the petition and mailed it to them. Does anyone have any advice?

Thank you in advance!

No advice here - but just wanted to say thank you to your husband and you for the sacrifices you as a family are making with him serving in Afghanistan. I couldn't believe the rudeness of that paralegal. Welcome to the forum - this is a great place for support. Keep us updated on how your husband is doing. My brother in law did two tours in Iraq, so I know how hard this can be on the family.

[21bwife]

Thank you all! I do have a 100 percent power of attorney... I will bring that and a copy of his orders to the 341 and cross my fingers/toes that they have some sympathy.. Maybe when they see I have a 2 and a 3 year old and am 7.5 months pregnant they will feel bad, lol. I can hope right?

Thank you all again! I PM'd Cali awhile back and never got a response so she must be MIA.. I will keep you all updated. My 341 meeting is November 22nd.

[tobee43]

Thank you all! I do have a 100 percent power of attorney... I will bring that and a copy of his orders to the 341 and cross my fingers/toes that they have some sympathy.. Maybe when they see I have a 2 and a 3 year old and am 7.5 months pregnant they will feel bad, lol. I can hope right?

Thank you all again! I PM'd Cali awhile back and never got a response so she must be MIA.. I will keep you all updated. My 341 meeting is November 22nd.

make sure you do!! and the BEST of luck to you..

[21bwife]

Just wanted to give an update..... I called the US Trustee's paralegal assitant today. She is the one working on the waiver. She said she couldn't really talk to me because I need to go through my lawyer but she told me that they never recieved a copy of my husbands deployment orders for the waiver..... She said the longer they take the less likely this will be approved! I called my attorneys office and they were angry that I called the Trustee's office. I thought that was ok? I truly feel like my own attorney is working against us. I dont know what to do now?

[AngelinaCat]

Get the copies to your trustee's office asap. Nevermind the attorney. He/she will snark and shout and growl at you; YOU remind him/her that you are have PAID him/her, and that you will go to the Bar, if necessary.

I feel for you. Please let us know how it goes. ((((HUGGS))))

[21bwife]

My lawyers office is a big firm here in Vegas. They have three offices. We started out at one office and they transfered us to the other one because they could get us filed quicker. Thats when all the problems started. So after I posted this I called the office we started with and spoke with one of the paralegals there that has been so incredibly helpful when no one else could. I broke down in tears on the phone with him.. Within in a matter of minutes of our call ending the Trustee's office had recieved the deployment orders and I had THREE apologizing voicemails on my phone from the evil paralegal and the two other ladies at that office.... Maybe I just needed to get the right person involved.

The man from the other office called me as well to let me know that he had verified that they recieved everything and that it will be ok

So now back to the waiting game. As long as I don't go into labor over stress I think I will be able to look past all of this in a few months!

Thanks again for letting me vent on here!

[AngelinaCat]

Thanks again for letting me vent on here!

That is one of the MAIN reasons for the existence of this board.
I am soooo happy for you!!!

[21bwife]

UPDATE I went to the lawyers today to sign the reaffirmation agreement for our Military credit card and when I walked in the door they handed me a letter from the US Trustees office stating our waiver was APPROVED!!! I literally had to fight back tears of joy!!!!!! I cannot wait to hear from my husband and tell him the good news

Thank you all for giving me hope!

My 341 is on the 22nd, one week to go!

[AngelinaCat]

CONGRATULATIONS!!!!