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Filing for debtor in jail
Frank:
When I have represented incarcerated debtors, I have used my bar card to get into the jail and get first hand signatures.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Aug 7, 2015, at 12:29 PM, Patrick Green pat@fitzgreenlaw.com [cdcbaa] wrote:
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> I do not think next friend is appropriate as it is for minors and incompetents. The H is just unavailable (and maybe not so bright?). I have also used rogs for the 341. I would talk to the UST ahead of time to see if they will work with you on the rogs.
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> If you have any questions or concerns, please contact the warden.
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> Pat
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> Patrick T. Green
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> Attorney at Law
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> Fitzgerald & Green, Attorneys at Law
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> 1010 E. Union St. Suite 206
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> Pasadena, CA 91106
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> Tel: (626) 449-8433
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> Fax: (626) 449-0565
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> pat@fitzgreenlaw.com
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> Sent: Friday, August 07, 2015 11:56 AM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Filing for debtor in jail
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> I have not handled a case for an incarcerated client in a while, so your mileage may vary. In the past, I have had success with mailing the bankruptcy paperwork to the incarcerated client for review and signatures (normally the correctional facility will have a contact number and address for someone that you can send legal documents to inmates to sign). In the past, the UST has allowed 341a examination by way of interrogatories for the incarcerated debtor. Again, I havent done this in a while so requirements may have changed.
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> Maybe Next Friend will also work but I have not tried that.
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> Frank X. Ruggier, Esq.
> Certified Bankruptcy Specialist *
> 15760 Ventura Blvd., Suite 880
> Encino, CA 91436
> Tel: (818) 796-3529
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> * certified by the State Bar of California Board of Legal Specialization
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> Sent: Friday, August 7, 2015 11:22 AM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Filing for debtor in jail
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> For those who have done this: How do you file for a debtor who is in jail?
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> I'm filing a Ch. 7 for a wife and her husband is in Camp Fed in Florida. Notwithstanding the community discharge possibilities, there are reasons they would like to file jointly now (e.g. husband has a vehicle on which he'd like to do a redemption)
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> Is this something a Next Friend signing can be used as well as appearance at the 341a?
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> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> Mailing Address Only:
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
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I have not handled a case for an incarcerated client in a while, so your mileage may vary. In the past, I have had success with mailing the bankruptcy paperwork to the incarcerated client for review and signatures (normally the correctional facility will have a contact number and address for someone that you can send legal documents to inmates to sign). In the past, the UST has allowed 341a examination by way of interrogatories for the incarcerated debtor. Again, I havent done this in a while so requirements may have changed.
Maybe Next Friend will also work but I have not tried that.
Frank X. Ruggier, Esq.
Certified Bankruptcy Specialist *
15760 Ventura Blvd., Suite 880
Encino, CA 91436
Tel: (818) 796-3529
* certified by the State Bar of California Board of Legal Specialization
The post was migrated from Yahoo.