I am power of attorney for someone who is incarcerated, can I file bankruptcy for them
Family Law Attorney
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. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.
Family Law Attorney
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).
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Chapter 7 Bankruptcy Attorney
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!
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