Can a Power of Attorney file for Bankruptcy In PA for someone who is incarcerated?

Asked about 1 year ago - Carlisle, PA

I am power of attorney for someone who is incarcerated, can I file bankruptcy for them

Attorney answers (3)

  1. Dorothy G Bunce

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . To use a poa to file bankruptcy would require the poa to specify that bankruptcy filing was one of the things authorized. But with an incarcerated person, a poa isn't necessary. The debtor can sign the documents him/herself and can testify by telephone. My experience is that it is better to wait until the person is released from custody to file unless there is some specific advantage of filing while incarcerated. Hope this perspective helps!

  2. Diane L Gruber

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . The prisoner will have to sign the BK petition. Also, he will have to take both credit counseling classes online, and attend the hearing via phone. Talk to your attorney about the details.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more
  3. Michael J Corbin

    Contributor Level 20

    4

    Lawyers agree

    Answered . No. The debtor still has to sign all paperwork, complete the classes, and attend the hearing (whether in person or by phone - that's up to the court and trustee).

    We can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. corbin-law-office.com.... more

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