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Can a person who has a Durable Power of Attorney in Missouri file and appear in Bankruptcy Court for aged parent who has no assets?
Wiki User
∙ 8y ago
11 U.S.C. 341(d) states that "Prior to the conclusion of the meeting of creditors or equity security holders, the trustee shall orally examine the debtor to ensure that the debtor in a case under chapter 7 of this title is aware of- (1) the potential consequences of seeking a discharge in bankruptcy, including the effects on credit history; (2) the debtor's ability to file a petition under a different chapter of this title; (3) the effect of receiving a discharge of debts under this title; and (4) the effect of reaffirming a debt, including the debtor's knowledge of the provisions of section 524 (d) of this title." Since the debtor is supposed to be orally examined, and not one holding a power of attorney for debtor, many trustees won't do a hearing without the actual debtor. However, some trustees will do it with a POA if the debtor is mentally incapacitated, and others will let the debtor participate in the hearing telephonically so that the debtor doesn't actually have to leave their home if they are physically unable to travel. The ultimate answer to this question depends on what the trustee decides to do. It wouldn't hurt to ask some local trustees what they normally do in those circumstances. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
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∙ 8y ago
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If you are an additional card holder on a parent's credit card account and you file bankruptcy will the bankruptcy appear on their credit?
The bankruptcy will appear on their credit if you include this card in your bankruptcy. If you leave the card off the bankruptcy, it will not effect their credit.
If you file for bankruptcy twice will it appear on your credit twice?
Yes!
Will your credit rating be affected by your partner filing bankruptcy?
If your partner files for bankruptcy and you don't then the bankruptcy will not appear on your credit report. But you will be partly responsible for before bankruptcy filing. Generally filing bankruptcy will affect the credit rating of the individual who filed it.
Can you remove a bankruptcy dismissal from your credit?
No. Backruptcy will always appear on your credit. After 7-10 years your credit will be as good as someone who has not filed bankruptcy.
Tips For Finding a Bankruptcy Attorney In Dallas?
For two years now, many Americans continue to endure troubling financial times. Unemployment numbers continue to rise as bank account bottom lines continue to drop. Unfortunately, those worst hit are forced to file for bankruptcy. If you are a Texas resident amongst those most unfortunate, you are likely on the hunt for a bankruptcy attorney in Dallas. Unless you have a close friend or family member who works in bankruptcy law you probably don’t know where to begin to look or what qualities should be expected. Finding a good bankruptcy attorney is the first step to restoring your financial stability and you want to make the right decision. Bankruptcy attorneys work with their clients to determine if filing for bankruptcy is in their best interest and which chapter (7 or 13) is most suitable. The attorney will ensure that the case is conducted in accordance with state and federal laws and will accompany the client to creditor meetings. In many ways they will operate as a de facto financial advisor through their client’s turbulent financial times. Finally, they will represent their client in bankruptcy court. A good bankruptcy attorney should maintain a number of qualities. Primarily the attorney should be certified not just by the State Bar but also by the American Bankruptcy Institute or the National Association of Consumer Bankruptcy Attorneys. This ensures your attorney will be up-to-date on all the current laws and has experience in the field. Something as important as your finances should not be trusted to someone inexperienced or unknowledgeable. Secondly, make sure this attorney is someone you trust and feel confident talking with. You will be sharing intimate details of your financial history with this attorney and it is important that you feel comfortable talking with him/her regularly. You also want to consider the quality of their law firm. In all likelihood some of the duties of your case will be assigned to paralegals or other staff members. It is important that you trust the quality of this firm’s work. Besides these personal qualities, seek professional recommendations from other legal professionals. If you have a personal attorney which you are familiar with, ask their opinion for bankruptcy attorneys in Dallas that have a strong professional reputation. Contact the local bankruptcy trustees and ask which attorneys which appear most frequently. You want a trusted and experienced professional on your case and recommendations and experience are the best ways to gauge this. Selecting an attorney is a particular process and should not be taken lightly. Consult as many attorneys as possible and work to find one you feel comfortable with. Consider all the factors and make a decision based on who you feel most comfortable with.
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