Pre Credit-Post Credit Wavier in a bankruptcy for husband, who is incarcerated, can he get a waiver to exempt him from the credit counseling? 6 Answers as of February 11, 2017

I am in the process of claiming bankruptcy because my husband is incarcerated. He was the main income for our household. Both incomes equaled a fairly comfortable living. But since he has gone to prison I am not able to pay my creditors. I have claimed bankruptcy and I have done the pre and post credit counseling and received my certificate. My husband is not able to get access to the internet and he is not able to receive phone calls. The counseling service cannot call him. Can he get a waiver to be exempted from coming to court?

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Stephens Gourley & Bywater | David A. Stephens
He probably can unless he can get the class in prison, in person or online.
Answer Applies to: Nevada
Replied: 2/11/2017
A Fresh Start
A Fresh Start | Dorothy G Bunce
Your spouse ought to be able to get a waiver to avoid taking the pre-filing and pre-discharge classes, but he will need to arrange to appear to answer the questions from the bankruptcy trustee by telephone. The prison officials will have to accommodate this request to testify by telephone. However, there will be a lot of effort to make the arrangements for this to take place, and if you do not have an attorney representing you, expect to struggle with this requirement.
Answer Applies to: Nevada
Replied: 2/11/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, you have to file a motion for that and provide proof that he is in prison. This would be a self drafted form and if you don't have a lawyer you mist read the local rules, (available on the court web site) in particular the last set staring with the digit "9." You must also check and see if the judge assigned to the case has any special rules.
Answer Applies to: California
Replied: 2/11/2017
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
I suggest you telephone the office of the U.S.Trustee (not the case trustee) in your federal district. They have a kind of policing or 'supervisory' role over much of what happens in a bankruptcy case, and they should be able to answer your question. (Of course, hiring a lawyer and consulting him or her is almost always the best course.) If they cannot, try the Clerk of the Federal Bankruptcy Court. The phone numbers are usually in telephone directories, or online.
Answer Applies to: Wisconsin
Replied: 2/11/2017
David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
I have never heard of any American prison without internet. Counseling programs are non profit. They waive fees for indigent. But you will have to file a motion to get a waiver.
Answer Applies to: Missouri
Replied: 2/10/2017
    Scott Goldstein | Scott Goldstein
    This will require some motion practice. If you are represented, you should talk to your attorney about what to do. If not, get a lawyer. This has gone from being what sounds like a simpler case to an advanced one. Good luck!
    Answer Applies to: New Jersey
    Replied: 2/10/2017
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