Legal Question in Bankruptcy in Indiana

Bankruptcy using Power of Attorney

Because my son is in prison for 5 to 10 years,I have his noterized power of attorney. He owes somewhere around $15,000 in credit cards and a car loan, and has no assets and no income. He would like to file for bankruptcy. Since my son lived in Nevada and is serving his sentence in Nevada, with my having his power of attorney, can we file here in Indiana, where I live, or will we have to file in Nevada?


Asked on 9/22/04, 2:28 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Bankruptcy using Power of Attorney

Filing would occur where he is a resident or where he has been a resident for the largest part of the past 6 months. There would be no reason to file a bankruptcy now since he is what attorneys and collectors commonly call judgment proof. I doubt that the bankrutpcy courts would allow you to file on his behalf even with a power of attorney.

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Answered on 9/23/04, 3:44 pm


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