Legal Question in Bankruptcy in West Virginia

Poa

we live in WV and i am moving back to sd without my spouse. if i have poa can i file chapter 7 for both


Asked on 2/04/09, 2:33 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: Poa

One cannot file a bankruptcy for someone else using a Power of Attorney. Both parties must read then sign a joint petition. The original signatures must be acknowledged at the meeting of creditors. Both must make a personal appearance at the meeting of creditors. More importantly, the matter of which exemption schedule you are entitled to use is determined by your residence. That is you must be a resident of a state for 26 months to use that state's exemptions. If you move then file, you may not take advantage of the best exemptions. You should consult a bankruptcy lawyer before you move.

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Answered on 2/04/09, 3:06 pm


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