Can you file with a POA?

[imoverit]

We've been planning to file sometime in April/May...Dh is going out of town for work and wont be back until June time frame. Am I able to file with a POA? He should be back in time for the 341. I could wait but I really want to get it over with!

[imoverit]

anyone?

[justbroke]

I don't think that "going out of town" is a good enough reason for someone not to sign the petition themselves. From what I can see and understand, only extenuating circumstances (perhaps on duty in Iraq or Afghanistan) are sufficient... not excluding health or competence issues.

Anyhow, look at the Federal Rules of Bankruptcy Procedure Rule 9010. I believe you generally can sign the petition under a POA, but need to have good cause.

There's a good article on Bankruptcy Law Network on this exact topic.

http://www.************************/...-a-bankruptcy/

Rule 9010. Representation and Appearances; Powers of Attorney

(a) Authority to act personally or by attorney.

A debtor, creditor, equity security holder, indenture trustee, committee or other party may

(1) appear in a case under the Code and act either in the entity's own behalf or by an attorney authorized to practice in the court, and (2) perform any act not constituting the practice of law, by an authorized agent, attorney in fact, or proxy.

[imoverit]

it is a military POA... I guess I will ask the lawyer...

[nomoneytree]

We are military and I did use the POA to file. You need to include a copy when you file. If, for some reason your DH can not make the 341, you will need a letter stating the reasons he can not attend from his chain of command and send it straight to the trustee's office for approval within 2 weeks of the 341. I am going this route and although my 341 is not until March 4th, I have spoken several times to the trustee's paralegals and followed all of their instructions. Aslong as your POA is a military POA, you are fine. Check your POA though, with the Navy, they do not require witnesses on the POA, my DH and the legal officer just signs, seals, and dates it and it is a done deal. The trustee does require two witnesses to be filled out so I had to get a new one, just check that before you file. You will sign his name by you on all papers your file.