Legal Question in Bankruptcy in Wisconsin

Bankrupcy filing

Can a inmate file for bankrupcy while serving sentense out of state of primary residence? If yes, should he hire a lawyer from his home state or from the state he's serving time?


Asked on 6/04/09, 4:52 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Bankrupcy Filing for Incarcerated Persons

I have successfully pursued bankruptcy for incarcerated persons on several occasions. However, it can be extremely expensive to have an inmate transported in custody by U.S. Marshals to the first meeting of creditors hearing (attendance at which is mandatory). Although I have not attempted such transportation for a client in civil litigation like bankruptcy, it is safe to assume that it would cost thousands of dollars at minimum. At the trustee's discretion, initial "341" meeting of creditor hearings can occasionally also be conducted telephonically. Again, however, you can expect to pay substantially higher legal charges due to all the extra time required to set all this up. A better questions is why one would want to do this now, since little can be done by creditors to a person while they are in prison, unless they own valuable assets. Therefore, why not wait until after release, since additional debts are likely to be owed by then in any event? My comments here are not intended as legal advice unless I am subsequently retained on the case in question and do not create any attorney client relationship between us.

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Answered on 6/13/09, 9:39 am


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