Wife cannot be at hearing.

[Ineedhelp2]

We filed a joint bankruptcy, but my wife cannot be at the hearing because of medical issues. She is in a special hospital many miles away, and could be there a couple more months. It is impossible for her to travel.

I thought she would be able to testify via telephone or affidavit, but now my attorney is telling me they might make a motion to dismiss her part of the bankruptcy.

I don't understand what that would mean, and if that happened, could her debt expose us to a lein on our house? Also, I do not understand why there is no provision for illness.

Has anyone had any experience with a spouse not being able to be at the hearing and what was done about it?

[jojo446]

I don't have any experience with this. But what I do have experience in is guardianships. Is it possible for you to take over guardianship of your wife's estate only. Or become her Power of Attorney. Check with your attorney to see if this is something that would help. I don't know how it would effect a bk.

[SinkingFast]

I searched several sites and found the same information.

Debtors MUST be present at the 341 for the Trustee to question the Debtors, under oath, about their financial affairs. Not being present at the 341 is cause to Dismiss the BK. Pretty much, the Trustee's hands are tied by the Law.

One thing I did find was information about being a Custodian. The Custodian can act on behalf of the Debtor. Must surrender all property, assets, etc, that the Debtor would have to. And, the Trustee must afford the Custodian the same protection under the BK Code as the Debtor. ie, Automatic Stay.

Maybe becoming your wife's Custodian would do??!! Maybe something to ask about.

[DeadManCrawling]

I have read about people receiving special treatment, in Florida, for medical hardship, and being able to speak via telephone and even webcam. It may be specific to different BK districts, and we have a lot of elderly and infirm people here, retirees mostly.

Do let us know what you discover

-dmc

[dizyblond]

I don't know the law on this but if it helps...
While watching the cases while waiting for our 341, a lawyer showed up without the debtor. He expained the debtor was in the hospital because of a critical medical situation and the trustee issued a continuance. Trustee wasn't happy about it though.

Can you or your lawyer call the trustee's office and ask for guidance?

[Ineedhelp2]

Wow, don't trustees have any compassion?

[lrprn]

Wow, don't trustees have any compassion?

Some do, some don't. Since your lawyer feels your trustee may dismiss your case if your wife doesn't appear, I'm guessing yours may be one of the non-compassionate ones

Can your wife's physician write a letter to the trustee stating she is not able to appear in court due to her current medical condition? That might help get a continuance rather than a dismissal. However, since you said she may not be able to attend a meeting for several more months, that may be longer than the continuance if one is granted and you'll be right back in the same situation with a trustee who won't likely reschedule yet again.

This is a difficult question to ask, but would your lawyer and your wife's physician consider her competent to give answers under oath to the trustee while she's hospitalized if a live telephone hook-up was allowed? If she's on pain medications or is having temporary mental difficulties, she may not be able to testify even if an alternative method could be arranged. I don't want to pry into your personal affairs....just trying to sort out what your options might be in this challenging situation.

[Ineedhelp2]

I don't want to give too many details online, but she has some severe physical conditions which are associated with some psychological disorders, but she's not "crazy" and she's more than competent enough to answer questions intelligently. But she simply is in no physical condition to be anywhere besides the hospital she is in right now.

What bugs me is that I told my attorney about this possibility months ago and he made it seem as though a telephone testimony would be fine, and now he is singing a different tune.