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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17223
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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If a debtor is incarcerated, can they file Chapter 7 bankruptcy?

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If a debtor is incarcerated, can they file Chapter 7 bankruptcy?
One of the issues is, how will they attend the meeting of the creditors?

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

An incarcerated person can file a bankruptcy,

WALLSTREETESQ :

they should consider using an attorney so the attorney would be given the power of attorney form to represent them at the hearing,

WALLSTREETESQ :

Also it is possible a family member ca represent them at the hearing,

WALLSTREETESQ :

The Trustee will have to approve the debtor failing to appear at the 341 meeting, but if a motion is filed prior the Court would allow some person familiar with the financial affairs to represent him

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Customer: replied 4 years ago.

I'm sorry, I have a follow-up question.


 


When should the motion be filed; as part of the original petition or before the meeting of the Creditors?

after you file the petition is filed, then you would file a motion asking that your designated representative be allowed to attend the 341 hearing.
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