If my boyfriend is in state prison for possibly the next 3 years, can I as POA file bankruptcy for him and can it be done without a lawyer? 8 Answers as of August 28, 2015

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Ronald K. Nims LLC | Ronald K. Nims
I have filed bankruptcy for people in prison, so it's possible but it might not be without an attorney. Since he's in prison, I assume that he'll apply for a fee waiver (bankruptcy courts don't accept prepaid cell phones as payment anyway). He'll need to sign the petition, while guardians (for people who are under a mental handicap) can file bankruptcy, POA can't file. The 341 meeting can be handled by phone by an attorney, but you'd need to discuss this with the trustee whether it can be handled by a nonattorney. (You'll have to work with the prison's telephone policy and the trustee to arrange the telephonic meeting). If the trustee won't accept a nonattorney representative, the usual fee for doing a 341 is $150 (attorneys do it for other attorneys all the time)
Answer Applies to: Ohio
Replied: 5/25/2015
GARCIA & GONZALES, P.C. | Richard N. Gonzales
I don't believe so since he can not show up for the creditors' meeting (a mandatory requirement under the BK Code).
Answer Applies to: Colorado
Replied: 5/21/2015
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
Unless he is mentally incapacitated to the extent that he is unable to handle his own affairs, you cannot. However, he can file while in prison and I don't recommend doing this without an attorney due to additional logistical issues as a result of his incarceration.
Answer Applies to: California
Replied: 5/21/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
Having a poa does not give you a license to practice law. A person in prison is not ineligible to file a bankruptcy case by themselves, but in reality, needs representation by an experienced bankruptcy attorney to make this go smoothly. BTW, it appears that you are posting this question in multiple social media sites. Not cool! Didn't you like the answers you received from the other site?
Answer Applies to: Nevada
Replied: 5/21/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Your problem is going to be his 341(a) hearing which is mandatory. You need to contact the officials where he is being house to see if they will administer the oath and let the trustee do the hearing on the phone. You also have tog get the trustees agreement to do this or a court order. I have seen prisoners brought from the local jail - but I do not know how this is arranged or who pays for it.
Answer Applies to: California
Replied: 5/20/2015
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    No you are not an attorney. Only attorneys can represent other individuals. You could be prosecuted.
    Answer Applies to: Michigan
    Replied: 5/20/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    It's almost always a good idea to have a lawyer represent you in a court matter. Why bother with a POA, which probably will not be sufficient. Your bf can contact a lawyer, and discuss the matter by phone or in a visit, and sign the papers when they are fully prepared. It is possible to set up a telephone appearance from prison at the meeting of creditors. Consult an experienced BR lawyer.
    Answer Applies to: Wisconsin
    Replied: 5/20/2015
    Scott Goldstein | Scott Goldstein
    That would be a no.
    Answer Applies to: New Jersey
    Replied: 8/28/2015
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