Ch 7 Debtor Signature by Power of Attorney? =C2=A0 =C2=A0=
Posted: Wed Aug 05, 2015 12:42 pm
Sounds good Pat.
My client was on life supportin a hospital, so the facts required a motion.Peter M. Lively, J.D., M.B.A.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Wednesday, August 5, 2015 12:22 PM, "Patrick Green pat@fitzgreenlaw.com [cdcbaa]" wrote:
Dear All: I do not use motions for this or the other course and encourage others not to do so. Mom, with daughter at her side can take the course on line. She does not need to pass the course, just take it. Next friend signs the certificate just like they sign everything else. Otherwise we are making the filing of a bk a much more expensive process for the most vulnerable debtors. I know that in some locales, attorneys are even filing motions to get the next friend appointed. All these motions will make these otherwise simple chapter 7s much more expensive. I am working with Judge Tighe to put together a program to address and discuss many of the different issues that arise with incompetent debtors, including this one. In the process of thinking this through I have decided that we should file with the petition a declaration by the next friend explaining what their relationship to the debtor is: e.g. debtors daughter, spouse, supervisor at work, etc.ng the next friend for some improper purpose. I wouldnot include why the debtor needs a next friend because I do not see why it is necessary to publicly disclose their cognitive issue or mental illness. Maintaining their dignity should be part of the process. If you have any questions or concerns, please contact me. Pat Patrick T. Green Attorney at Law Fitzgerald & Green, Attorneys at Law 1010 E. Union St. Suite 206 Pasadena, CA 91106 Tel: (626) 449-8433 Fax:oogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Wednesday, August 05, 2015 11:22 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Ch 7 Debtor Signature by Power of Attorney? Exemption from Credit Counseling Due to Disability? See 2:11-bk-17027-WB for a sample motion Peter M. Lively, J.D., M.B.A.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462 On Tuesday, August 4, 2015 9:21 PM, "Desiree Causey causeylaw@gmail.com [cdcbaa]" wrote: petition financial management course that was waived for disability. But it is the same concept.
Desiree Causey 7755 Center Avenue, Suite 1100 Huntington Beach, CA 92647 714-372-2225 Sent from my iPad
On Aug 4, 2015, at 7:48 PM, nancy korompis korompisn@yahoo.com [cdcbaa] wrote:
ne had a credit counseling certificate. Thanks! Best regards, Nancy Korompis
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To: cdcbaa@yahoogroups.com
Sent: Tuesday, August 4, 2015 6:10 PM
Subject: RE: [cdcbaa] Ch 7 Debtor Signature by Power of Attorney? Exemption from Credit Counseling Due to Disability? I have done this also. DebtorRachel J. Clarke. 2009 or 2010. Desiree Causey, Esq. Law Office of Desiree Causey 7755 Center Avenue, Suite 1100(NEW ADDRESS AS OF DECEMBER 2014) Huntington Beach, CA 92647 714-372-2225 (phone) 714-908-7646 (same fax number) Privileged And Confidential Communication.
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Sent: Tuesday, August 04, 2015 5:51 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Ch 7 Debtor Signature by Power of Attorney? Exemption from Credit Counseling Due to Disability? Thanks Desiree!! That was very helpful. Follow up question: Can anyone share a case or sample doc where credit counseling was not required due to disability? The notes in Exhibit D on this says that, this must be accompanied by a motion for determination by the court. Thank you. Best regards, Nancy Korompis
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To: cdcbaa@yahoogroups.com
Sent: Tuesday, August 4, 2015 3:14 PM
Subject: RE: [cdcbaa] Ch 7 Debtor Signature by Power of Attorney? cently did this ona case Re: Loudermilk 8:14-bk-15360-ES. You are welcome to see my handy work there. And yes, I learned how to prepare a petition by Next Friend after guidance from this group. So to all of you who talked me through it, thank you. Desiree Causey, Esq. Law Office of Desiree Causey 7755 Center Avenue, Suite 1100(NEW ADDRESS AS OF DECEMBER 2014) Huntington Beach, CA 92647 714-372-2225 (phone) 714-908-7646 (same fax number) Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
Please consider the environment before printing this e-mail. From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Tuesday, August 04, 2015 3:03 PM
To: CDCBAA List Serve
Subject: [cdcbaa] Ch 7 Debtor Signature by Power of Attorney? Dear Listmates, How do you prepare the petition for a debtor who has given a POA to daughter? Debtor is elderly and has signs of Alzheimer. each, or is another document also needed? Thank you. Best regards, Nancy Korompis
Tel: (626) 716-7763 ------------------------------------------------This communication (including any attachments) is intended for use by the intended recipient(s) only and may contain information that is confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender by return e-mail and delete all copies of the original communication. Thank you.
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