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Bankruptcy Law

Can I Use a Power of Attorney to File a Bankruptcy?

Bankruptcy Law There are situations in which an attorney in fact (the person who holds the power of attorney) can file a bankruptcy on behalf of an individual, or attend to certain duties of a debtor in bankruptcy.  Normally, there must be a significant reason that the debtor cannot attend to such matters (such as a hospitalization, active military duty overseas or has a mental or psychological disability.  If a debtor does not fall into one of these categories, and just "doesn't have time", they cannot be represented by a Power of Attorney.

If you need to file for bankruptcy and wish do so through an attorney in fact, discuss this with them to get a more detailed breakdown of the entire procedure.  If you hold someone's power of attorney and wish to use it to file a bankruptcy, you must be prepared to give the matter your time and attention and be sure to be familiar with the debtor's financial affairs.


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