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avoiding pre and post-filing classes
Remember that someone that is not able to understand the questions asked in the petition and schedules or remember the required information needs a s to the counseling course. The next friend can answer the online questions and the debtor may talk to the counselor on the phone with the next friends assistance. 109 requires the debtor to receive an individual or group briefing that outline[s] the opportunities for available credit counseling and assisted such individual in performing a related budget analysis. Neither of these requirements call for the debtor to understand or pass a test. If they are in coma they would need a waiver, but most people who need a nest friend can be briefed on their opportunities and be assisted in performing a budget analysis and therefore do need the expense of a motion for waiver.
If you have any questions or concerns please contact me.
Pat
Patrick T. Green
Attorney at Law
1010 E. Union St. Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
Email: pat@fitzgreenlaw.com
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Review LBR 1001-1(e) and FRBP 1004.1 for next friend procedure and prosecute motion for waiver of 109(h)(4) and 1328(g)(2) requirements.
Peter M. Lively, JD, MBA
The Personal Financial Law Center
A-Bankruptcy-Attorney.com
Culver City (310) 391-2400
________________________________
To: cdcbaa@yahoogroups.com
Sent: Friday, November 18, 2011 5:21 PM
Subject: [cdcbaa] avoiding pre and post-filing classes
My client has Alzheimers. Her sister has power of attorney over her. The client incurred debt and I need to file a chapter 7. Do I just check the box that she is incapacitated or do I have to file some motion and prove that she is incapacitated.
The post was migrated from Yahoo.
My client has Alzheimers. Her sister has power of attorney over her. The client incurred debt and I need to file a chapter 7. Do I just check the box that she is incapacitated or do I have to file some motion and prove that she is incapacitated.
The post was migrated from Yahoo.