Is it possible to declare bankruptcy while incarcerated?
We have found lots of info on filing your own paperwork, but no where can we get info on filing if your spouse is in jail. Even the “bankruptcy clinic” couldn’t tell us! For the record, the jail will not allow him to sign checks (even from his own checking account, or the tax rebate)or any other forms, which they claim will be confiscated and not returned. It looks like he may be there a while and we don’t think it can wait.
Any info on where to look will be greatly appreciated.
No answer, but I’m very sorry you’re in this situation.
check and see if an attorney visit would be possible, where the attorney would be allowed to have him sign papers.
I know I’ve personally been allowed in (as a professional) to visit inmates at the county jail, hand forms to them and get their signatures.
It was also fairly common for us to send something to the jail and have one of their officers get the signature, or the parole agent. Don’t know if any of the above are possible.
Sounds to me like you need to consult a lawyer who specialises in the bankruptcy area. Check the yellow pages in your area for the local bar association - they could probably refer you to a bankruptcy lawyer.
Thanks to everybody so far.
We are trying to do this without an attorney. He has a criminal attorney, but we don’t know yet whether she will be willing to have him sign papers that she didn’t draw up. To add to the difficulty, he is in another state.
ERRRR!
What is he accused of, exactly?
Is that really relevant? I doubt it.
bibliophage
moderator, GQ
I guess it could be relevent if it was theft, or embezzelment…but it is a totally unrelated issue.
could you not get power of attorney? so you could sign said documents?he should be able to sign paperwork for that. talk to corrections administration (warden). tell them you need him to sign said paperwork(power of atty). if they refuse to budge. tell them your gonna talk to the state ombudsman.thats what i would do anyhow. hope this helps.
My parents are doing exactly that. My dad is in a federal prison, and mom is filing all the bankruptcy papers. He seems to be allowed to send whatever forms, papers, and signatures he needs to though. We’re allowed to visit him as well, and could probably get papers signed then. Maybe federal prisons are different than the one your husband is in? Dad’s in a minimum security prison btw, so maybe that’s part of it.
You may consider signing his name yourself (assuming he approves). My wife signs stuff for me all the time, and ultimately as long as the two of you agree on what’s being signed, there’s no injury. Now if you don’t agree, either today or down the road, that’s another story.
Oops, I should have refreshed the page before I replied. I meant that Mom and Dad are filing for bankruptcy while he’s in jail, not that mom has power of attorney. Though, it does sound like a good idea for you to get power of attorney if the prison officials are being so difficult.
Oh, I forgot. As usual, while Bibliophage is the moderator, we’re ALL in prison.
I’d just like to know if the person this board is helping is married to a sexual predator, or some such. Is that so wrong? Memories of the Clifford Olson case spring disgustingly to mind.
dragonlady, I’m not sure how to put this: why are you trying to do this without a lawyer?
Declaring bankruptcy is one of the most serious civil decisions you can make; it’s not just a question of signing a few papers. It can have serious, long-term effects on your spouse’s credit rating. If any of the debts in question are joint debts between the two of you, you may end up responsible for all the debt, and find your own credit rating affected. Plus, in some jurisdictions, the nature of a prisoner’s conviction may affect the ability to declare bankruptcy. (Note: I don’t know if that’s the case in your jursidiction; these are just questions that come to mind.)
Lawyers are trained in exactly these sorts of questions, plus have expertise in dealing with obstructive bureaucracies, such as the corrections facilities. As well, it’s generally a condition of being allowed to practice that a lawyer carries malpractice insurance, so that if he/she screws up, the client (that’s you) can get compensated.
Your questions indicate that you are already having trouble completing the bankruptcy on your own. But rather than go to a lawyer, you seek legal advice on an anonymous bulletin board, from people whose qualifications (if any) you don’t know*, and who don’t carry malpractice insurance.
I’m sorry, but this just doesn’t make sense to me. If money’s tight, talk to the John Howard Society** in your area, or the area where the spouse is in gaol. The John Howard Society may be able to point you to a lawyer who will do this work at a reduced rate, or pro bono.
Disclaimer: IAAL, so you might just see this as trade unionism/job protection, but I hope you think about it.
In any event, good luck.
[sub]* I include myself in this statement - you don’t know my qualifications, if any.
** Not to be confused with the John Birch Society, which has a slightly different mandate.[/sub]
No- a bankruptcy petition has to be signed by the person filing. A signature under power of attorney is not sufficient.
Complaints about the administration of this message board belong in The BBQ Pit
If it’s not relevant to the question, it doesn’t belong here.
bibliophage
jailer, GQ
No fair. We (speaking as an employee of a correctional facility) do not obstruct any inmate’s legal matters. We bend over backwards to allow access to lawyers at whatever day of the week or hour of the day the inmate and lawyer want; we provide inmates with daily access to fully up-to-date law libraries and pay clerks to assist them; we allow inmates to have unlimited access to judges, elected officials, paralegals, consuls, tribal chiefs, and any other person who might be discussing a legal issue with them; and we provide free legal material from paper and pencil to the cost of filing a lawsuit for any inmate who can’t afford to supply his own. All of these guarantee that inmates have more access to legal help than the average citizen enjoys.
Sorry, Little Nemo, I wasn’t meaning to say that all corrections officials are obstructionist - I work with corrections, and respect the work they do.
I was responding to dragonlady’s specific statement about the corrections officials in her case:
This doesn’t sound very helpful on their part, and certainly not like the officials I’m used to dealing with, who try to balance the inmates’ rights with the protection of the public on a daily basis - sometimes a thankless task.