Legal Question in Bankruptcy in Virginia

Bankruptcy & Moving Out of State

Unfortunately, we'll have to file Chapter 7 bankruptcy. There is no way we will be able to keep our home. We plan on moving to another state that is over 1000 miles away. We can be here to file, but we would be gone by the time the hearing date arrived. Must we be there in person or is there a way to do it without being there. We'll figure it out either way. I just wanted to clarify that.


Asked on 6/19/07, 8:54 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Bankruptcy & Moving Out of State

You will likely have to appear in the state where you file for your meeting of creditors ("341 meeting"). Before you go, and before you lose your house, you should consult with experienced bankruptcy counsel. Because of some provisions of the new bankruptcy law, it may be easier under the "means test" to file if you still own the house at the time of filing. Counsel should also consider any differences in the law and how it's interpreted between where you live now and where you will be moving, and the effect the move will have on your available exemptions (assets you are allowed to keep).

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Answered on 6/19/07, 9:10 am


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