Someone Help Me Please!

[cmachk]

My husband is military and currently in Afghanistan. We are stationed in Germany. Our credit situation is such that a bk would IMPROVE our credit. I just have 2?'s. I am filing myself because noone stateside would take the case. I am also filing in the state we resided for over 20 years. ALthough we do not live there now he is away and I go back and forth. Our truck (which we WANT to include) is in Germany. How do we go about turning the truck back into the creditor since we cannot have the Army ship it until he has return orders to the states. NOONE has seemed to know the answer to this ?. If anyone knows pleaseeeeeeee respond. Thanks so much!
Heather

[Whittio]

WOW, now you have a very peculiar situation don't you. :s

Isn't there anything the military can help out with? Will you have to fly back to the states for the 341 meeting? I have heard of cases where they can interview you over the phone if you're in a legal setting with your attorney, but you don't have an attorney..

As far as the truck goes.. I would tell the creditor to "come get it".. LOL

[cmachk]

such a mess

Yes very strange situation and there is more to it than just that. We first filed a 13 in 2003. I went to the atty wanting to file for a 7 he said that because hubby was in Iraq we should file a 13 then convert to a 7 in one year. We then got orders to Germany and I told the atty we wanted to convert. He then tells me that we hve not live in Ga for 90 days and they cannot or will not take or keep the case. So they left us with a dismissed 13 and in Germany with no atty. I am desperate to get this filed before Oct so I am doing it through my sis n law in colorado. Having to get power of attys for her and from my hubby who is now in afghanistan praying that they will accept those. As far as the truck goes i want them to come get it but not sure if I have to provide it to them? One atty said they wont come internationally to get the other (first atty) said i have to provide. This is a big deal for me and Im at a total loss as what to do. If anyone can help I would greatly appreciate it.
PS i do have to fly back to the states and leave my 4 kids here with a friend while i do it If this turns out I think it will be worth it in the long run!

[Whittio]

Poor thing! Your story has got to be one of the more confusing ones here. I hope others can give you some good advice as I don't know anything. Still new myself.

Can you call the creditor on the truck and let them know you don't want it? I don't know how that works? Let them deal with it. It would cost you or them too much money to ship it back! So what would happen?? Weird.

[HHM]

Hmm, very interesting situation.

I guess the reason you want to file BK now is that you want to file before the new law goes into effect.

But isn't the case that when a military service member is deployed in Iraq, that creditors can't do anything to them? I seem to have heard something like that so you may want to check into it.

But I am afraid I don't know the answer to the truck issue. I don't think you are under a duty to return the truck to the US to be repo'd, so as whittio said, tell the creditor to come and get it. (but I honestly don't know one way or the other).

[Minnymouth]

Tell them to "pick it up"...... then keep driving it till they do.....more than likely they won't come get it till after you move back to the states...

Interesting situation - keep us posted...

Minny

[cmachk]

sent in the papers

I sent in the papers today! I figure at this point I really have nothing to lose so give it a shot! Apparently when I find out who the trustee is I will have to call him or her and set up a conference call between them and my hubby in Afghanistan! Going to be alot of work but I Pray it pays off!