My son is in prison and will be for 1 to 3 years. He went in owing a lot of creditors. I am his durable power of attorney but I cannot afford to pay his bills. I am recently widowed and am not in a position to pay for a bankruptcy on his behalf, nor can I miss work to attend to court matters. He has both personal debt and his business is also in debt. The situation is really complicated, so I imagine it would be expensive. He is not able to communicate at this time, as he is in reception. What can I do to freeze his affairs until he is able to handle them.
I agree with my colleagues that consulting with a bankruptcy attorney is critical. The bankruptcy can be done, but it will also require your son's involvement in the preparation of documents. There is a filing fee and attorneys charge a range of fees for their services. Many of us offer a half hour no charge consultation to get preliminary information and to provide you with more specifics about the process and information required in order to file the case.
Your son can file bankruptcy in prison. Your son can also defend against civil law suits from creditors while he is incarcerated. He does not necessarily require an attorney or an attorney-in-fact, but it certainly helps. Unfortunately, incarceration does not, of itself, prevent creditors from taking legal action to collect on their debts.
If you want to get him legal help to deal with his business and personal finances, somebody is going to have to pay for it.
I suggest you speak with a bankruptcy attorney ASAP. If your son cannot afford to pay his creditors then bankruptcy can be a viable option. Bankruptcy wipes away most debt and allows one to receive a "Fresh Start." Many bankruptcy attorneys here on AVVO offer free consultations. Take us up on it.
Please note: I am a licensed attorney in California. This response is intended only as general commentary. This response is not legal advice and does not create an attorney client relationship.
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