[CLBS] Power of attorney and bankruptcy

Fri Feb 1 10:21:56 MST 2019

Don't forget to sign up for the Seminar in Burley next week!

There are various options.

Guardian/Conservator appointed prior to the bankruptcy under state law.  If
one has already been appointed, I like an order to verify the ability for
bankruptcy from the state court.  If the person is going to struggle in a
bankruptcy, their situation is such you might need a G/C for other issues
as well.  I prefer this route over doing it in the BK.

GAL appointed in the bankruptcy.  Looking at my notes, I watched a hearing
in 16-40164 where Avery Law sought a GAL after the filing of the
bankruptcy.  I remember a hearing where Youngblood did the same thing but I
don't have a case number.  Pappas seemed content with representations in
the pleadings to provide the order.  I suppose that would be different if
contested.

Next Friend appears to be a lower standard, although I have never sought
that route.

Matt pointed out the local rule that you also need to consider.

My recollection is the person still comes to the 341, but the other person
answers.  This is something you might want to review with your Trustee or
US Trustee ahead of time to see what is their preference.  State appointed
before the filing seems iron clad to me.  Just make sure your G/C knows the
information.

Paul

On Fri, Feb 1, 2019 at 10:07 AM D. Blair Clark <dbc at dbclarklaw.com> wrote:

> Agreed.
>
> D. Blair Clark
> LAW OFFICES OF D. BLAIR CLARK PC
> 1509 Tyrell Lane, Suite 180
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> Phone:  208-475-2050
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>
> -----Original Message-----
> From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Laura Burri
> Sent: Friday, February 1, 2019 10:04 AM
> To: Matthew Christensen; holly at roarklawboise.com; clbs at admws.idaho.gov
> Subject: Re: [CLBS] Power of attorney and bankruptcy
>
> 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.
>
>
>
> Best regards,
>
> HOLLY ROARK
>
> Attorney at Law
>
> Certified Bankruptcy Specialist -
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> By the State Bar of California Board of Legal Specialization
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