QUESTION

Can my husband that is in prison file for bankruptcy?

Asked on Jan 19th, 2018 on Bankruptcy - Texas
More details to this question:
My husband is in prison and wants to file for bankruptcy but is he able to while in prison and if so, what would file Chapter 7 or 13? We live in the state of Texas.
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1 ANSWER

Min Gyu (Peter) Kim
Good afternoon Im sorry to hear about your husband's difficult situation. Technically speaking, yes he can, but it may be difficult going forward. What I mean by that is, 1st if your husband files a bankruptcy, he does need to sign off on all documents filed. 2nd He does need to make an appearance for all the court hearings that are set. Since he is in prison, there are waivers or power of attorney that maybe used to get around that, but practically speaking, that will raise a secondary issue which is that your cost that your attorney may charge will go up. These extraordinary issues maybe something that attorneys will charge more for because it will require additional work outside the ordinary. If it is not an emergency situation to file for a bankruptcy, then waiting until he is out of prison may be the most prudent and cost effective path to take Hope this helps and if you are in Houston, TX or in the surrouding area, please feel free to contact me for further information or clarification Min Gyu Kim (Peter) Attorney at Law Law Firm of Min Gyu Kim PLLC Galleria Office 2100 West Loop South, Suite 805 Houston, TX 77027 Tel: (713) 259-3929 email: minkim@kimlylaw.com
Answered on Jan 30th, 2018 at 3:09 PM

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