my husband is incarcerated for 10 months and our our debt has became overwhelming if I get power of attorney over him will I be able to file a joint bankruptcy
No. Your husband may join in the bankruptcy petition, or you can file individually.
He will have an issue appearing for the creditors' meeting though, and so the meeting may have to be conducted somehow over the telephone.
I would suggest before you file any bankruptcy you best consult with a bankruptcy attorney in your area, and look into whether you should file individually or jointly.
Jointly owed debt may be discharged as far as you are concerned, and when he gets out he could file his own bankruptcy.
Nonetheless, there may be issues surrounding your exemptions, property you own and how to address many issues that may come up in a joint bankruptcy, that you would not have come up in an individual case.
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No. He will not be able to appear for the 341 meeting. That will be a deal breaker for him. File your case as a single case, and he can file a single case when he is out of jail.
The problem is that the person that files a bankruptcy is swearing that everything in the schedules and other documents is true and correct, that he/she has listed all of his/her creditors and all of his/her assets. You can sign a deed with a power of attorney, but you cannot swear that something is true for another person. Thus, the office of United States Trustee will object if you try to file using a power of attorney.
The second problem as others have said is attending the meeting of creditors. In some jurisdictions the attendance can be waived if it is impossible to attend, but that is normally be cause of a illness. Our firm filed for a person who lived in and worked in Vietnam. He still owned property in the states and had a residence here, but was not going to be able to return for 7 or 8 months. The UST agreed to let him answer interrogatories and sign them at the U S Consul and allowed the meeting to be waived.
The problem is that all this takes a lot more time for the attorneys and what we get paid for is our time. Thus, as other said, it would be easier and possibly cheaper for you to file now, discharge your debt and your husband to file when he gets out of jail.
Answers and comments provided are for general discussion only. My comments are not to be considered legal advice and they do not create an attorney-client relationship.
Yes, you can file together or separately. No, you can't do it with a power of attorney for him. You and/or your lawyer can go to the jail or get the documents reviewed and signed. The US Trustee and Chapter 7 trustees here have established procedures for cases filed by people in jail or prison, including the first meeting of creditors.
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