Legal Question in Bankruptcy in Illinois

Worried about relatives whose POA declared bankruptcy

Where can I find detailed information about people who declared bankruptcy in Illinois?

My cousins' daughter is their Power of Attorney and controls their money because they can no longer take care of themselves. She declared bankruptcy last year, but did not tell her parents. How can someone who declared be in charge of the money of other people? Are there any laws relating to this type of situation? Can companies step in and take money from my cousins that their daughter owed? Thank you for any information.


Asked on 8/06/05, 11:56 am

1 Answer from Attorneys

Kevin Plachta The Law Office of Kevin F. Plachta

Re: Worried about relatives whose POA declared bankruptcy

I am not sure what kind of "detailed information" you are looking for but if you know where this person filed bankruptcy at you can go to the bankruptcy court and review the court file.

No, there is no law that states a bankrupt person can not act as a Power of Attorney for another party. Remember the court did not appoint the bankrupt person as the POA, rather her parents appointed her. So they would be the only ones allowed to revoke that POA.

No, no companies can come in and take money from your cousins for the other persons debt. Fact is the cousin probably has very little if any debt left since a bankruptcy has been filed.

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Answered on 8/06/05, 2:10 pm


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