A woman called me to ask whether she and her husband could file bankruptcy while her husband was in prison. The woman is concerned about her husband’s inability to attend the trustee meeting. She said her husband could not initiate phone calls, and that the state will not transport him to a bankruptcy meeting or hearing. This woman said another bankruptcy attorney previously told her that she and her husband could not file bankruptcy until her husband was released permanently or on parole. I disagree.
Bankruptcy courts have been making it more difficult for debtors to avoid appearing at trustee meetings. For instance, medical excuses must be documented, and it is insufficient for one debtor spouse to simply show up with a power of attorney from the non-appearing spouse. <
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