Legal Question in Bankruptcy in New Mexico

Son Incarserated, I am his P.O.A

My son is incarserated at FT. Leavenworth, Kansas serving 18 years. He owns a house in Albuquerque which I have rented out; He also owns a vehicle which I make the payments on. My son had impeccable credit until he got into trouble, I am his Power of Attorney and would like to know if I can file Bankruptcy on his behalf per his request, and which state would I file in?


Asked on 10/20/05, 12:52 pm

2 Answers from Attorneys
Alton Drew Alton Drew, LLC

Re: Son Incarserated, I am his P.O.A

Your son must file in the state in which he is domiciled. If he has been in Kansas 180 days prior to filing his petition, he must file in Kansas. While you may prepare his filing, your son must sign the documents and appear at his creditor's meeting. His attorney will have to arrange his presence at the creditor's meeting.

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Answered on 10/20/05, 3:16 pm
Daniel Press Chung & Press, P.C.

Re: Son Incarserated, I am his P.O.A

Your son will most likely have to sign the petition himself unless you are legally appointed his guardian, as only he can sign the declaration (oath) as to the truth of the petition. Generally, prisoners can appear at 341 meetings by phone, but advance arrangements have to be made. The petition can be filed in the state of his residence, domicile, location of principal assets, or principal place of business, for the longest part of the past 180 days. Kansas would be a proper venue, but is probably not the only one.

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Answered on 10/20/05, 10:44 pm


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