Central District Consumer Bankruptcy Attorney's Association

Listmates,
If you want to see how a Next Friend motion is done, check out
2:13-bk-29471. Next friend was the debtor's wife.
Gerry McNally
Gerald McNally
McNally & Associates, P.C.
517 East Wilson Ave., Ste 104
Glendale, CA 91206
818.507.5100
Fax: 818.507.5001
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I have also heard that Riverside trustees or someone out there requires a motion to appoint next friend. As seems to be typical with Riverside, they try to make everything more complicated and expensive. It must be something in the air out there. For this reason I leave it to others to practice there. The purpose of using next friend is make the process simpler, not more complex.
I have filed and completed numerous cases with a next friend. I have never filed a motion to get them appointed.
I have also used the co-debtor spouse as the next friend. It would be illogical to not allow the spouse to be the next friend. The next friend is swearing under penalty of perjury that everything is true and correct. The competent spouse is the person who is privy to this information. Except where a son or daughter is helping the parents with the finances, who would want to step in to review all of the debtors documents to divine the answers and swear that it is true and correct.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com

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No motion is required to file a petition by next friend under FRBP 1000 4.1. If there's any doubt as to the applicability of the POA to enable filing a bankruptcy petition, just filed via a next friend.
Mark Jessee
Sent from my iPhone
> On May 8, 2014, at 11:31 AM, "Gary R. Wallace" wrote:
>
> The fact that it was created on Legalzoom or any other website is not relevant. What is relevant is whether it meets the requirements of applicable law. So I suggest taking a close look at the POA not just to identify the scope of the powers granted but also to be sure it was executed in accordance with the law. If CA law applies, then you will want to review Probate Code sections 4120, et seq. The execution date must be present, and it must contain signatures of at least two eligible witnesses or be notarized. There may be other requirements that I am not aware of.
>
> Beyond that, I have heard that certain trustees (Riverside, for example) will object to POAs and require that a motion for appointment of "next friend" be presented to the court. FRBP 1004.1 If I am correct, the next friend cannot be a party to the case (i.e., if wife is contemplating a joint petition, this motion may not work). But I have no actual experience with this issue.
>
>
> Gary R. Wallace
> Law Office of Gary R. Wallace
> 4551 Glencoe Avenue, Suite 300
> Marina del Rey, CA 90292
> Email: garyrwallace@ymail.com
> Office: (310) 775-8719
>
> To: Cdcbaa Yahoo Listserv
> Sent: Wednesday, May 7, 2014 11:47 PM
> Subject: Re: [cdcbaa] Senior with dementia
>
>
> If the language in the POA is sufficiently broad, then yes.
> On May 7, 2014 8:08 PM, "Desiree Causey" wrote:
>
> PC is an elderly couple. Wife is okay, husband has dementia and is not competent. Before husband was too bad, he signed a power of attorney for financial affairs that was create on LegalZoom. Is this sufficient to allow wife to file a joint Chapter 7 for them?
>
>
>
> Desiree Causey, Esq.
> Law Office of Desiree Causey
> 17011 Beach Blvd., Suite 900
> Huntington Beach, CA 92647
> causeylaw@gmail.com
>
> 714-375-6663
> 714-908-7646 (fax)
>
> Any tax advice contained in the body of this e-mail (and any attachments thereto) was not intended or written to be used, and cannot be used, by the recipient for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local tax law provisions.
>
> 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.
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Have wife file as next friend for husband under FRPB 1004.1
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com

The post was migrated from Yahoo.

The fact that it was created on Legalzoom or any other website is not relevant. What is relevant is whether it meets the requirements of applicable law. So I suggest taking a close look at the POA not just to identify the scope of the powers granted but also to be sure it was executed in accordance with the law. If CA law applies, then you will want to review Probate Code sections 4120, et seq. The execution date must be present, and it must contain signatures of at least two eligible witnesses or be notarized. There may be other requirements that I am not aware of.
Beyond that, I have heard that certain trustees (Riverside, for example) will object to POAs and require that a motion for appointment of "next friend" be presented to the court. FRBP 1004.1 If I am correct, the next friend cannot be a party to the case (i.e., if wife is contemplating a joint petition, this motion may not work). But I have no actual experience with this issue.
Gary R. Wallace
Law Office of Gary R. Wallace
4551 Glencoe Avenue, Suite 300
Marina del Rey, CA 90292
Email: garyrwallace@ymail.com
Office: (310) 775-8719
________________________________
To: Cdcbaa Yahoo Listserv
Sent: Wednesday, May 7, 2014 11:47 PM
Subject: Re: [cdcbaa] Senior with dementia
If the language in the POA is sufficiently broad, then yes.
On May 7, 2014 8:08 PM, "Desiree Causey" wrote:
>
>PC is an elderly couple. Wife is okay, husband has dementia and is not competent. Before husband was too bad, he signed a power of attorney for financial affairs that was create on LegalZoom. Is this sufficient to allow wife to file a joint Chapter 7 for them?
>
>
>
>Desiree Causey, Esq.
>Law Office of Desiree Causey
>17011 Beach Blvd., Suite 900
>Huntington Beach, CA 92647
>causeylaw@gmail.com
>
>714-375-6663
>714-908-7646 (fax)
>
>Any tax advice contained in the body of this e-mail (and any attachments thereto) was not intended or written to be used, and cannot be used, by the recipient for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local tax law provisions.
>
>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.
>

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If the language in the POA is sufficiently broad, then yes.
On May 7, 2014 8:08 PM, "Desiree Causey" wrote:
>
>
> PC is an elderly couple. Wife is okay, husband has dementia and is not
> competent. Before husband was too bad, he signed a power of attorney for
> financial affairs that was create on LegalZoom. Is this sufficient to
> allow wife to file a joint Chapter 7 for them?
>
>
>
>
>
>
>
> Desiree Causey, Esq.
>
> Law Office of Desiree Causey
>
> 17011 Beach Blvd., Suite 900
>
> Huntington Beach, CA 92647
>
> causeylaw@gmail.com
>
>
>
> 714-375-6663
>
> 714-908-7646 (fax)
>
>
>
> Any tax advice contained in the body of this e-mail (and any attachments
> thereto) was not intended or written to be used, and cannot be used, by the
> recipient for the purpose of avoiding penalties that may be imposed under
> the Internal Revenue Code or applicable state or local tax law provisions.
>
> 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.
>
>
>
>
If the language in the POA is sufficiently broad, then yes.
On May 7, 2014 8:08 PM, "Desiree Causey" <causeylaw@gmail.com> wrote:
PC is an elderly couple. Wife is okay, husband has dementia and is not competent. Before husband was too bad, he signed a power of attorney for financial affairs that was create on LegalZoom. Is this sufficient to allow wife to file a joint Chapter 7 for them?
tyle"color:#1f497d">
Desiree Causey, Esq.Law Office of Desiree Causey17011 Beach Blvd., Suite 900Huntington Beach, CA 92647
causeylaw@gmail.com714-375-6663
714-908-7646 (fax)Any tax advice contained in the body of this e-mail (and any attachments thereto) was not intended or written to be used, and cannot be used, by the recipient for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local tax law provisions.
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.

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To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
PC is an elderly couple. Wife is okay, husband has dementia and is not
competent. Before husband was too bad, he signed a power of attorney for
financial affairs that was create on LegalZoom. Is this sufficient to allow
wife to file a joint Chapter 7 for them?
Desiree Causey, Esq.
Law Office of Desiree Causey
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
causeylaw@gmail.com
714-375-6663
714-908-7646 (fax)
Any tax advice contained in the body of this e-mail (and any attachments
thereto) was not intended or written to be used, and cannot be used, by the
recipient for the purpose of avoiding penalties that may be imposed under
the Internal Revenue Code or applicable state or local tax law provisions.
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.

The post was migrated from Yahoo.