Mentally disabled joint Debtor

[bkman2000]

All,

I need a little help. I have a couple looking into filing for Chapter 7 Bankruptcy, wife has capacity but husband does not due to mental disability.
Any thoughts on how i can get this filed and obtain a discharge for both?
I am in California Central District if that helps!

Thanks all!!!

[forgotten]

I assume the husband has no ability to understand the process... if so, the husband will need to be legally deemed mentally incompetent and apointed a guardian (which in this case, should be able to be his wife).

She can then act on his behalf durring the bankruptcy procedings.

[bkman2000]

can she sign for him on the Petition?

[forgotten]

Yes, she would sign her own name on both lines, however I am not sure how the court would want that worded or notated on the petition.

I believe the court would also need petitioned to allow the husband to skip the credit counsiling and financial management course as it is impossible for the debtor to complete those courses.

[Michigan1951]

can she sign for him on the Petition?

This is sad. Our bk cases are all difficult, or can be, and yet, this couple has even more hurdles. I wish them the best. And, this forum surely will help YOU help them!!!