How does one file for bankruptcy when one has a POA? 18 Answers as of May 20, 2013

I have so many credit card debt that after I pay the minimum payments each month, I'm broke. I do have a car payment, but am hoping to keep the car as I have numerous doctor appointments to go to. I am on disability due to brain aneurysm, strokes, etc. and my father is my designated POA. I'm wondering how MY filing bankruptcy would affect him, being my POA. He's sternly told me to quit shopping many times and I currently have all my credit cards out of my purse and hidden. I need a clean start, as my father's 82 and I hate "mooching" off him (I get paid the 3rd, by the 4th my SS disability check's gone). I'm never late on payments, but it's gotten to the point that I cannot share expenses with him. If I file bankruptcy, will it ruin his credit or will SS see him as not fit as a POA?

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Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
I do not believe your filing for bankruptcy will affect your father at all.
Answer Applies to: California
Replied: 5/20/2013
Stephens Gourley & Bywater | David A. Stephens
Assuming he did not personally sign for any of your debts, your bankruptcy will not affect him.
Answer Applies to: Nevada
Replied: 5/17/2013
Kenneth A. Parker, P.C.
Kenneth A. Parker, P.C. | Ken Parker
A power of Attorney would not prevent you from filing Bankruptcy and would not affect him in the least.
Answer Applies to: Georgia
Replied: 5/17/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
It has no effect on his social security so you can go ahead and file bankruptcy
Answer Applies to: New York
Replied: 5/17/2013
Sanford M. Martin, P.A. | Sanford M. Martin
So long as you retain mental soundness and have not been determined to be mentally incapacitated, the existence of a POA or DPOA is not relevant and has no effect on your designated attorney-in-fact in the POA or your filing of bankruptcy. The designated person does not have to me mentioned in the bankruptcy petition unless you owe him money.? But you are advised to obtain assistance in the filing of Chapter 7 or 13 bankruptcy which is complicated, detailed, and requires analysis of the positive and negative effects on your finances.
Answer Applies to: Florida
Replied: 5/17/2013
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    On thing has absolutely nothing to do with the other. There is no carry over to him
    Answer Applies to: Connecticut
    Replied: 5/17/2013
    Portland Bankruptcy Law Group
    Portland Bankruptcy Law Group | Christopher J. Kane
    If you file bankruptcy it will not affect your father at all, as long he is not a co-signor on any of your debts.
    Answer Applies to: Oregon
    Replied: 5/17/2013
    Michael B. McFarland, P.A. | Michael B. McFarland
    Your filing bankruptcy should not affect your father's credit or his fitness as POA. It will result in your credit cards being cancelled (which is probably a good thing), allowing you a fresh start living within your means. There should be no effect on your disability or his Social Security.
    Answer Applies to: Idaho
    Replied: 5/17/2013
    Law Offices of David A. Tilem | Michael Avanesian
    This is not a question one can answer over the internet. You would have to give me a lot more information, and I don't think it's appropriate over the internet. Many attorneys give a free consultation and I recommend you go to one of us to determine what the best option is for you.
    Answer Applies to: California
    Replied: 5/17/2013
    Ray Fisher Law Offices
    Ray Fisher Law Offices | Ray Fisher
    Filing bankruptcy will not affect him at all.
    Answer Applies to: Texas
    Replied: 5/17/2013
    Jeffrey A. Cogan, Esq., Ltd.
    Jeffrey A. Cogan, Esq., Ltd. | Jeffrey A. Cogan
    There is no effect on him or the POA by your filing bankruptcy. The bankruptcy will also stop you from using the credit cards as most, if not all, banks will cancel the cards, even if you are current or have a zero balance. The only effect for your father would be if he co-signed loans.
    Answer Applies to: Nevada
    Replied: 5/17/2013
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
    Answer Applies to: Arizona
    Replied: 5/17/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Your filing will not affect him at all as long as he is not a party to your credit cards. At 82 you can't expect he will be around forever to bail you out. Seek some help with your shopping affliction.
    Answer Applies to: California
    Replied: 5/17/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    The fact that your father holds your POA does not make him legally responsible for your debts, but it is possible that he may have become responsible for your debts by adding his name to your account or vice versa. I hope that hasn't happened, but I can't say for sure. You filing bankruptcy will not affect his credit & as long as you make your car payment instead of trying to pay your credit cards, you should be able to keep your car. But do you understand that once you file bankruptcy, all credit will be cut off? Any debt you make after your bankruptcy is filed will NOT be eliminated by your bankruptcy.
    Answer Applies to: Nevada
    Replied: 5/17/2013
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Your dad would have to file the bankruptcy for you, but first he needs to check with a lawyer, because you should not have access to credit cards and may not be responsible for some of the bills. He's right stop spending and come clean with him!
    Answer Applies to: Michigan
    Replied: 5/17/2013
    Lyndon Ruhnke, PC
    Lyndon Ruhnke, PC | Lyndon Ruhnke
    Filing bankruptcy will not harm your father's credit. It sounds as if you have no assets unless your car is worth more than the $3000 exemption in Oregon, and you have only social security income, so you could file for bankruptcy and discharge your debts. Your social security income can't be garnished by credit card creditors, so you may not need to file, but if there will be an inheritance in the future filing now may be a good thing. You should contact a bankruptcy attorney.
    Answer Applies to: Oregon
    Replied: 5/17/2013
    Law Offices of David H. Relkin
    Law Offices of David H. Relkin | David H. Relkin
    Good question. There is no adverse effect on your father. He signs everything "e.g., Your name by ".........", under POA dated...." The court would no doubt make exceptions to your requirements to appear and you would have to provide the information required to file, but as far as your question goes, no problem.
    Answer Applies to: New York
    Replied: 5/17/2013
    Stittleburg Law Office
    Stittleburg Law Office | Bernd Stittleburg
    No, your father's POA will not be affected should you file for bankruptcy. I am not privy to the details of the POA but again it should not affect your filing bankruptcy.
    Answer Applies to: Georgia
    Replied: 5/17/2013
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