Can I File a Bankruptcy Case for Another Person Under a Power of Attorney ?

Posted by Kevin Ryan | Sep 08, 2016 | 0 Comments

      From time to time a prospective client will ask if they can file a bankruptcy case on behalf of a disabled relative, or a family member who is incarcerated.  The answer to this question depends upon whether the person who is proposed to be the Debtor in the bankruptcy case has previously executed a valid Limited Durable Power of Attorney which specifically states that the Attorney in Fact ( the designee to act on behalf of the signor of the power of attorney) can proceed to file a bankruptcy petition, appear at court, and take all other action necessary to prosecute the bankruptcy case.  

      A "limited" power of attorney grants permission to a third party to act on a person's behalf to perform a specific task or tasks which are spelled out in the document.  The "tasks," of course must be lawful.   A "durable" power of attorney is one which will still be effective if the person who signs the power of attorney becomes mentally incompetent, or under some other disability that prevents the person from revoking the power of attorney.  

    Once a Limited Durable Power of Attorney is executed by a person, the Attorney in Fact ( the "designee" under the document who is authorized to act on behalf of the signor of the power of attorney) can take the legal action set out under the Limited Durable Power of Attorney.  This can include the filing of a bankruptcy case on behalf of the Signor of the power of attorney.  It can also authorize the Attorney in Fact to appear at Court and to testify  to the financial information involved with the bankruptcy case filing.  

     If you need assistance with a Limited Durable Power of Attorney in connection with a bankruptcy case, CALL ME, I'll BE there for you.  -Kevin Ryan, Attorney at Law 

About the Author

Kevin Ryan

"I'll never be the kind of attorney your creditors want me to be. I'll always be the kind of attorney you NEED me to be. Call me. I'll BE there for you. And I'll make them go away."  -Kevin Ryan, Attorney at Law Kevin Ryan is a graduate of the College of Wooster and the Cleveland Marshall College of Law. He is admitted to practice before all Alabama State Courts, the United States District Court for the Southern District of Alabama, and the United States Bankruptcy Court for the Southern District of Alabama. The United States Bankruptcy Court is a part of the United States District Court. Since 1998, Mr. Ryan has represented thousands of individual clients in bankruptcy, criminal, divorce, probate, personal injury, and real estate matters.  Attorney Ryan is also a licensed real estate agent in Alabama.  He handles  Bank-owned properties, short sales, and conventional sales in addition to conventional real estate listings.   This wide range of experience enables Attorney Ryan to take a wider look at your legal matter. It is important to consult with an attorney who can see from experience how other legal issues may affect your situation, and advise you accordingly. Personal Info Kevin Ryan is a member of First Baptist Church in Silverhill, Alabama. He resides in Silverhill with his wife Jessica and their three children. Committed to helping our Clients achieve a fresh financial start Our practice focuses primarily on consumer bankruptcy matters under Chapter 7 and Chapter 13 of the United States Bankruptcy Code.  Our law practice also includes matters where bankruptcy litigation, appellate work, or involvement in civil lawsuits is needed by a client.     No representation is made that the quality of any of these legal services is of higher quality than another attorney or law firm.   The United States Bankruptcy Code requires the following notice:  We are a Debt Relief Agency, which means we help people get legal relief from their Debts through the bankruptcy process. Interested in learning more about our bankruptcy attorney near Mobile, Alabama? Contact Us for help with chapter 7 bankruptcy or chapter 13 bankruptcy in Mobile, Baldwin and Washington counties. Education Juris Doctor, Cleveland Marshall College of Law, 1997 Employed full time as a paralegal while attending law school in the evenings. B.A., The College of Wooster, 1994 NCAA Div.III All Conference (N.C.A.C.) Football Team : Defense 1993; Most Inspirational Senior Award 1993; Co-captain 1993; Letterman 1991-1993; Phi Sigma Alapha Fraternity 1991-1994; Athletic Director Jurisdictions Admitted to Practice Alabama


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I'll BE there for you.

I'll never be the kind of attorney your creditors want me to be. I'll always be the kind of attorney you NEED me to be. Call me. I'll BE there for you. - Kevin Ryan, Attorney at Law