Can A Person Incarcerated File Bankruptcy?
A person who is incarcerated can, in fact, file for bankruptcy. However, there are some extra steps that will have to be taken.
Since a person who is in prison obviously cannot leave, they must file a power of attorney so that a friend or family member can meet with the bankruptcy lawyer who is intending to file the bankruptcy. This would have to be done as soon as the incarcerated person decides that a lawyer needs to become involved. This is because the lawyer will need power of attorney information from the very beginning of the meetings in order to discuss anything with the friend or family member.
One of the things that is required when filing bankruptcy is the debtor has to take the credit counseling course and financial management course. Since a person who is incarcerated most likely will not have regular access to the internet, a motion must be filed by the attorney to waive the requirement to take these courses.
There is also one other motion the attorney will most likely have to file. Since the incarcerated person will not be able to attend the 341 Creditor’s Meeting, a motion will have to be filed stating the reason that the debtor cannot attend.
All of this information is based on the debtor being in the Western District and Middle Districts of North Carolina. Most likely some of these steps will be the same in different districts, but be sure to check with your attorney because there very well could be different requirements.
Can Children Attend the Creditors Meeting?
The creditors’ meeting is a serious affair and can take several hours. Most children (adults too) will find it boring and may not be able to sit still that long. While you may bring your child with you, if he or she can’t remain quiet and sit still for an extended period of time it may be best to find some kind of child care. The Bankruptcy Trustee will want your full attention and will not look kindly on disruptive children.
At the same time, if you have a young child and cannot get reasonable child care then you can bring your child to the creditors’ meeting. As with most areas of the law, the different courts and trustees may vary on their tolerance of children at the creditors meeting so be sure to ask your bankruptcy attorney specifically about your areas courts and trustees.
Who is the Bankruptcy Administrator? | North Carolina
In North Carolina, when you attend your creditors’ meeting you will see a number of different types of “court” officials. The creditors’ meeting isn’t really a court hearing but it is somewhat similar to court. The main types of representatives at the creditors meeting are the Debtor and Debtor’s attorney, any potential creditors, the Trustee and the Bankruptcy Administrator or someone from the Bankruptcy Administrator’s office.
The Debtor is the person who owes money, the creditors are the people who money is owed to and the role of the Trustee has already been discussed. According to the Federal Courts, the Bankruptcy Administrator or their designated representatives’ job in North Carolina is to, “oversee the administration of bankruptcy cases, maintain a panel of private trustees, and monitor the transactions and conduct of parties in bankruptcy.”
In other words, the role of the Bankruptcy Administrator is to ensure creditors’ meetings run smoothly and any potential conflict between the Trustee (representing the creditors) and the Debtor and the Debtor’s attorney is kept to a minimum. This usually isn’t a problem since the creditors’ meetings tend to be non-adversarial meetings.
Also, the Bankruptcy Administrator has the ability to ask questions at the creditors’ meeting. Generally speaking, the Bankruptcy Administrator’s office will ask questions if your case is being converted from one type of bankruptcy to another or if they believe the Debtor(s) do not fall below the Means Test.
The Bottom Line: The Bankruptcy Administrator’s office handles administrative matters throughout the bankruptcy process.
What to Expect at the Creditors’ Meeting
Whether you are filing a Chapter 7 bankruptcy or a Chapter 13 bankruptcy, you will be required to attend a creditor’s meeting (also known as a 341 Meeting of Creditors). The Court schedules the date and time of your creditors meeting after your bankruptcy has been filed and a bankruptcy Trustee has been assigned to your case.
