Can my sister file for bankruptcy for my Mom?

My mother has a lot of debt, she’s 82 years old and because of my Dad’s medical bills, she owes $30K. My Dad died last year and she thinks she can re-pay this amount but I know she cannot. My sister has power of attorney, can my sister file for bankruptcy for my Mom?

One Comment

  1. In WDNY, the answer is no. Your mother assuming she is competent, must sign a bankruptcy petition and then appear at a creditors meeting (also called a 341 meeting). There are some limited situations that the US Trustee’s office would allow for the debtor not to appear. I have been able to conduct phone 341 meetings with an inmate and a military enlistee. It’s a lot of extra work but could be done under proper circumstances.

    However, your sister could not file on her behalf. Your sister could help your mom with the bankruptcy questions and some attorneys will conduct the bankruptcy interview over the phone.

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