Found an issue on this page? Let us know and we will look into it as soon as possible.
Do both parties have to appear in court when filing a Chapter 7 bankruptcy no asset?
Anonymous4 views3 answers
My husband and I need to file bankruptcy. However, My husband also has a warrant out for a failure to appear. It is a 50,000 warrant, for a 2nd DUI ( didnt hurt anyone, it is a misdemeanor). We live in Washington State.
I have been told by lawyers in Washington that we both have to attend. We are going to be leaving the State, when we file in another State, is there anywhere that just I can go to the hearing?
If you are filing a joint bankruptcy, then both parties must attend the 341 meeting of creditors. The meeting is NOT a court hearing. Is there an outside risk that a sheriff could show up to that meeting and arrest your husband, sure. Is that likely to happen, I doubt it. No one in the bankruptcy system checks this sort of thing (or, at least in the decade I have been doing this, I have never heard of anyone checking for warrants).
Robert W GambrellChapter 13 Bankruptcy AttorneyOxford, MS ·
Matthew is right. Bankruptcy is a federal law and on piratically all procedural issues, it makes no different what state you reside in. One of those is there requirement for both joint debtors to appear, to prove that they are who they say they are with a governmental picture ID, that the SS # listed when they filed is accurate and swear under oath that all of the information in their schedules and other documents are true and correct.
Both Attorney Berkus and Gambell are correct. Joint debtors both must appear at the 341 meeting of creditors. In rare instances a debtor or joint debtor may be able to have other’s appearance waived by the Court for cause. A warrant out for one of the debtors is not good cause. If he is in jail when your 341 meeting is scheduled then you should contact your attorney about filing a motion to waive his appearance.
