Legal Question in Bankruptcy in Maryland
Bankruptcy and Military cause a clash!
My husband is US Military. We are residents of Maryland. We are VERY interested in filing for bankruptcy. However, we are currently stationed in Germany and we were told that we have to be physically living in Maryland. The military tells us otherwise. We cannot wait another 2 years. What is available to us? What can we do? Are we allowed to file in Maryland at this time?
2 Answers from Attorneys
Re: Bankruptcy when stationed overseas
Any person who resides or own property in the United States may file bankruptcy -- if your state of residence has been Maryland for at least the past 91 days the Maryland Bankruptcy Court is the correct place to file it. The primary problem would be that you need to be physically present in Maryland for the first meeting of creditors required by the Bankruptcy Code. As long as you are able to attend that meeting and any other required court hearings you are entitled to bankruptcy relief.
Re: Bankruptcy and Military cause a clash!
I practice bankruptcy law in MD. You do not need to be physically present when you file; you simply need to maintain your residence or domicile in MD, which it sounds like you have (military personnel do not lose their domicile by being stationed overseas). While the Court can require that you be physically present for the meeting of creditors (and other proceedings, which would be rare), the MD court and trustees are generally very cooperative with allowing people with a legitimate reason to do so to appear by telephone. Please feel free to contact me if you have further questions about this.
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