Legal Question in Bankruptcy in California

Husband had stroke can't go to court but I need to file chapter 7 bankruptcy. HE

Greetings!

My husband had a major stroke and can not get to a bankruptcy court and I need to file chapter 7 personal bankruptcy. All in credit card debt most in my name but married so I know he has to file joint with me.

He is bedridden at home under Hospice care and can not go. What can we do?

How much will this cost.

Please Advise. Thank you.


Asked on 11/30/04, 1:13 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Husband had stroke can't go to court but I need to file chapter 7 bankruptcy

I'm very sorry to hear about your husband. It seems that just when things seem to be fine, there's always a bump in the road.

If your husband is able to sign documents (or at least put a witnessed mark on them), I'm sure that the Chapter 7 Trustee can conduct your husband's meeting of creditors by interrogatories. It often makes sense to file a joint petition for a married couple, especially if each has debt. Please give me a call at (310) 858-9771 if you should have any other questions. For obvious reasons, lawyers don't usually post their fees on the Internet.

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Answered on 11/30/04, 2:02 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Husband had stroke can't go to court but I need to file chapter 7 bankruptcy

You could file alone, but it's probably better to file jointly, if your husband is competent and able to understand and sign the petition. There is an appearance required at the 341a "meeting of creditors", with the Trustee, but the Trustee can usually examine someone by interrogatories (written questions answered under oath) if they're unable to appear at the 341a meeting.

Regarding cost, it's difficult to say without reviewing your particular situation, but I, or most other bankruptcy attorneys, will not charge for the consultation and can give you a fee based on your circumstances at the end of that consultation.

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Answered on 12/01/04, 7:22 pm


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