QUESTION
How can I file bankruptcy for my brother who is in prison?
Asked on May 10th, 2012 on Bankruptcy - New York
More details to this question:
My brother is about to go to prison for 15 years. We need to assist him in filing chapter 7 since he is already imprisoned without bail. What do we need to do in order to help him file? can we file without an attorney and will he need to be present at the discharge?
14 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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He will need to sign all paperwork, but you can probably arrange for a "remote" creditors' meeting with a notary public.
Answered on May 18th, 2012 at 1:14 PM
Barbara A. Fontaine
If your brother is in prison for 15 years, the debts will be written off and be uncollectable by the time he gets out. Are there any cosigners? They would still be liable for any debts they signed for.
Answered on May 16th, 2012 at 12:08 PM
Adoptions Attorney serving Middletown, RI
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Joseph F. Hook Attorney at Law
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You should speak to an attorney. There may be no point to filing chapter 7.
Answered on May 16th, 2012 at 11:04 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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You cannot file bankruptcy for someone else. There is a requirement of a personal appearance at the meeting of creditors. If he were to file a case it would be best to use an attorney. One possibility might be to have a telephonic appearance, which is allowed by some chapter 7 trustees. Also, it might be a waste of time and money to file bankruptcy if he is going to be in prison for a long time. He could always wait until released and file a bankruptcy, if one is necessary at the time. It might be the case that the creditors don't pursue the debts at all.
Answered on May 16th, 2012 at 10:53 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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The best advice is wait until he gets out.
Answered on May 16th, 2012 at 10:44 AM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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Courts will, in some cases make exceptions to allow a person to attend the 341 hearing if they are in jail. However, he is in jail. He has no wages to garnish. Collection will be difficult if not impossible. What possible benefit to him is filing a bankruptcy? If he needs to do something when he gets out, then is the time to discuss it.
Answered on May 16th, 2012 at 10:43 AM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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It is very difficult for folks in prison to file a bankruptcy. One of the requirements of filing is to be present at the Meeting of the Creditors. This is difficult to accomplish from prison. There are other factors to consider as well. Is a bankruptcy really necessary (will the debts still be waiting for him in 15 years)? An attorney who took this on would undoubtedly charge above market price for the extra work involved, including at least one prison visit.
Answered on May 15th, 2012 at 5:34 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You cannot file a bankruptcy for your brother. He has to sign the documents, himself. And he must attend a creditors meeting. You can assist him in hiring an attorney and getting all his financial information in order, including the names and addresses of everyone he owes money to, and a complete list of all of his assets with values. That will be a good start.
Answered on May 15th, 2012 at 5:31 PM
Bankruptcy Chapter 7 Attorney serving Los Angeles, CA
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Bereliani Law Firm, PC
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He can file the bankruptcy, then for the meeting of creditors (341(a)) let the Trustee know he is not available to appear for the hearing. In most cases they will have him just fill out interrogatories that are notarized or maybe have someone at prison conduct a hearing for them if possible. Every Trustee is different in how they are willing to handle the case.
Answered on May 15th, 2012 at 5:30 PM
I highly recommend that you hire a certified specialist bankruptcy attorney to assist you. You will need to help your brother pay for the bankruptcy. You may need to help him by bringing papers to him in prison, or having the attorney mail the papers to him. You may need to help him by investigating his assets and debts. Most debtors need to appear in person to be examined at a meeting of creditors. I have arranged for several in prison to debtors to be questioned by written interrogatory and succeeded in getting the Chapter 7 Trustee to waive any in person appearance by the imprisoned debtor. You brother will not have to be present at the time the discharge is entered. This is something that is done by the Clerk of the Court. It does not require an appearance by the debtor.
Answered on May 15th, 2012 at 4:40 PM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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You can file without an attorney, but I do not recommend it. It is possible to file while incarcerated. You can submit interrogatory answers in lieu of a personal appearance at the Meeting of Creditors. I suggest you consult with a bankruptcy attorney to discuss the details of your situation.
Answered on May 15th, 2012 at 4:39 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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The first question that comes to mind is - why does he need to file? If he needs to file he can do it from prison. The paperwork can be filed by you, unless he retains a lawyer. There will need to be a waiver for him to appear at the creditor's meeting. Given this unique situation it might be best for him to retain an attorney.
Answered on May 15th, 2012 at 4:38 PM
Bankruptcy & Debt Attorney serving Syracuse, NY
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Theodore Lyons Araujo
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You should use Power of Attorney.
Answered on May 15th, 2012 at 4:37 PM