QUESTION
Pre Credit-Post Credit Wavier in a bankruptcy for husband, who is incarcerated, can he get a waiver to exempt him from the credit counseling?
Asked on Dec 14th, 2016 on Bankruptcy - Nevada
More details to this question:
I am in the process of claiming bankruptcy because my husband is incarcerated. He was the main income for our household. Both incomes equaled a fairly comfortable living. But since he has gone to prison I am not able to pay my creditors. I have claimed bankruptcy and I have done the pre and post credit counseling and received my certificate. My husband is not able to get access to the internet and he is not able to receive phone calls. The counseling service cannot call him. Can he get a waiver to be exempted from coming to court?
2 ANSWERS
Your spouse ought to be able to get a waiver to avoid taking the pre-filing and pre-discharge classes, but he will need to arrange to appear to answer the questions from the bankruptcy trustee by telephone. The prison officials will have to accommodate this request to testify by telephone. However, there will be a lot of effort to make the arrangements for this to take place, and if you do not have an attorney representing you, expect to struggle with this requirement.
Answered on Feb 11th, 2017 at 6:04 AM
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I suggest you telephone the office of the U.S.Trustee (not the case trustee) in your federal district. They have a kind of policing or 'supervisory' role over much of what happens in a bankruptcy case, and they should be able to answer your question. (Of course, hiring a lawyer and consulting him or her is almost always the best course.) If they cannot, try the Clerk of the Federal Bankruptcy Court. The phone numbers are usually in telephone directories, or online.
Answered on Feb 11th, 2017 at 6:04 AM