[CLBS] Power of attorney and bankruptcy

[Laura Burri]

If the son is appointed conservator for the parent, he can sign the documents and appear at the meeting of creditors as the legal representative. I have done that a couple of times. I don't know if any other way to handle this situation. 


-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Matthew Christensen
Sent: Friday, February 01, 2019 8:33 AM
To: holly at roarklawboise.com; clbs at admws.idaho.gov
Subject: Re: [CLBS] Power of attorney and bankruptcy

Holly,

There's a local rule that deals with this a bit.  LBR 1002.1(d) deals with signing the petition, etc.  The wrinkle, though, is the appearance at the 341 meeting.  The Code still requires the debtor to appear at that meeting.  

I think this is also something that is being addressed at the BK conference next week, in some form (the "Greying of Bankruptcy" session, maybe)?

MTC


Matthew T. Christensen 

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-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Holly Roark
Sent: Friday, February 1, 2019 3:20 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] Power of attorney and bankruptcy

Can the potential debtor's son file a Chapter 7 on his behalf if the son has a POA and the debtor is elderly and living in a care facility? Does the son with the POA testify at the 341? How does this work? Thanks. 

 

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