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Can a husband hire attorney to represent his wife in bankruptcy case if he has a general power of attorney but doesn't mention: filing bankruptcy? but it mention the right to initiate,defend,commence or settle legal action on her behalf . in this language of P.O.A . can a husband hire attorney to represent his wife in bankruptcy case?

Asked almost 6 years ago in Chapter 7

Kelly’s answer: Whether or not the power of attorney is sufficient will depend on the judge assigned to the case. Some judges require that the power of attorney specify bankruptcy, but many will view the authorization to litigate as sufficient. This is really a question of local practice and you should consult with a local attorney to find out what the judges in your area will require.

Another factor the judge will consider is the reason that the power of attorney is being used. If the wife is incapacitated due to debilitating illness or dementia, for example, then it is usually not a problem for the husband to represent her interests through a power of attorney.

Answered almost 6 years ago.


About bankruptcy: I was involved in an auto accident a week ago and I am probably the one at fault. The other car with which I had accident has serious damage. Even though the other driver has full insurance, I think her company will ask me to pay for whatever they pay. Since I am a student, I don't have any income and I don't think I can afford that big amount payment. Can I claim bankruptcy? I don't have any company or something, is that still ok to claim bankruptcy? Cause I always think only people who has company can claim bankruptcy. Also, is that gonna affect me or anything? If after I claim bankruptcy, I get a job, is all my salary gonna be used to pay the insurance company still? I am looking forward to your advise. Thank you.

Asked almost 6 years ago in Car Accident

Kelly’s answer: I agree that it is a bit too early to be considering bankruptcy since you don’t know yet if you are at fault or what, if anything, you may owe. You also asked whether the bankruptcy would affect you. A bankruptcy will remain on your credit reports for 10 years. It will reduce your ability to obtain credit at favorable rates during that time, although the degree of impact lessens as time passes. Once a debt is discharged you do not need to make payments on it and your wages cannot be garnished to pay the debt. Finally, it doesn’t seem that this is the case from the facts you listed, but a bankruptcy would not be helpful if you were intoxicated during the accident because those debts cannot be discharged.

Answered almost 6 years ago.


I have a default judgment against me from Citibank filed in 2008. What are my options now?: I made the life changing decision to ignore a summons and now have a default judgment recorded against me. I still do not have enough money to pay it off in one lump sum. I have not ever received any indication of a pending garnishment. However, I do know that it is inevitable. What options do I have now or is it only bankruptcy in my future? Thank you so much.

Asked over 6 years ago in Bankruptcy

Kelly’s answer: Often creditors will settle for 25 to 50 cents on the dollar, even with a default judgment. Another option is to declare bankruptcy (you would need to speak with a bankruptcy attorney to see if that is a good option for you). Also, a bankruptcy attorney needs to look at the judgment to make sure it is dischargeable in a bankruptcy. And if you wait until the lender garnishes your paycheck, then it gets to be even more difficult to file for bankruptcy because the lender can take 25% of your pay in California.

Finally, the most important part of your question is the part about taking money out of your 401K to pay off this debt. If you take money out, you will owe taxes and penalties on that money. I have many clients who did just that and the taxes and penalties forced them into a bankruptcy. None of them could get out of their taxes in bankruptcy but the tax burden was so high that they could not afford to pay their other bills. And if you take out a loan from the 401K, you will still need to pay that back (which may or may not be equal to a garnishment).

As you can see, there are a lot of factors at play here and you are smart to be asking questions now rather than later!

Please note that although this answer may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should consult an attorney for individual advice regarding your own situation. Answering this question does not create any attorney-client relationship between you and Kelly Zinser, Shareholder at Olenicoff & Zinser, PC in Irvine, California. For more information on bankruptcy, please see our website.

Answered over 6 years ago.