Occasionally, we hear from an individual who is interested in filing for bankruptcy on behalf of another person.  This is often due to military deployment or incarceration; however, many times, due to a variety of reasons, and individual is unable to come in to file themselves.  While it may sound surprising, it is possible to file for bankruptcy on behalf of another person.  To be able to file for bankruptcy on behalf of another person, you are required to have power of attorney for that individual.  If you are unsure on how to obtain power of attorney, a local attorney will be able to advise you on how to do so.

Depending on the particular situation, it could be difficult to file for bankruptcy on behalf of another person.  Even though the individual is unable to file for themselves, everything that would need to be listed on the petition by the individual needs to be listed by the person who has the power of attorney.  The requirements of the petition itself do not change simply because power of attorney is filing rather than the Debtor themselves. This requires a very in-depth knowledge of the person’s financial situation, as well as knowledge of all types of property owned, including everything from household goods and furnishings to houses and cars.  Documents that are required include a copy of the power of attorney as well as information on the Debtor’s income, expenses, finances, personal property, etc.  In all bankruptcy cases, certain courses are required to be done prior to filing; these course are called credit counseling and financial management courses.  If the debtor is incapacitated in some way, there are waivers available that can be obtained in place of these courses.  Additionally, in typical cases, debtors are required to appear at a meeting of creditors.  If the debtor is incarcerated or deployed, obviously this would not be a possibility.  Because of this, waivers are also available for the meeting of creditors appearance.

Receiving the fresh start that a bankruptcy provides may be a good option for individuals who are coming home from military deployment or also for an individual who is incarcerated.  This would allow the individual to receive a fresh start after a trying time.  If you are interested in receiving power of attorney and filing for bankruptcy on behalf of another individual, and you have questions, contact a St. Louis Bankruptcy attorney today.