Can I file a bankruptcy for someone with a disability?

My grandfather is disabled and is collection social security. He wants to file for bankruptcy, but would like for me to fill out the paperwork. Is this possible? How would I go about doing this?
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Answered By: Heupel Law
Yes, you can, but good luck. Remember, bankruptcy is federal law governed by legal rules and procedures. You'll find using an attorney will get you a better result.

Answer Applies to: Colorado
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Mankus & Marchan, LTD
You can fill out the paperwork for your grandfather, but he has to sign all the forms. He would also have to appear before the Trustee in his case for a creditors' meeting. However, it is strongly recommended that you retain a bankruptcy attorney to do all the paperwork and represent your grandfather in the bankruptcy.

Answer Applies to: Illinois
Replied: 12/19/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Janet A. Lawson Bankruptcy Attorney
You can fill it out for him. He has to sign it. He has to go to 1 hearing and he has to to take 2 classes on line.

Answer Applies to: California
Replied: 12/19/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Charles R. Nettles - Attorney at Law
You can fill out the papers for him but he must sign them and he must go to court.

Answer Applies to: Texas
Replied: 12/19/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Offices of Deborah Ann Stencel
If your grandfather is mentally competent, he should meet with the attorney to proceed to file bankruptcy. You can be present if he consents. The attorney would do the paperwork and your grandfather would need sign them under penalty of perjury and attend the Meeting of the Creditors. If your grandfather's disability prevents him from traveling, it is possible some arrangements could be made about the Meeting of the Creditors. Note- if your grandfather is on Social Security, it is possible he does not need a bankruptcy as he may be "judgment proof." Please talk to an attorney before proceeding.

Answer Applies to: Wisconsin
Replied: 12/19/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Lynnmarie A. Johnson
If you know enough about his financial affairs you could help him fill out the paperwork. Or if he can't do any of it, you could do it under a Durable Power of Attorney and appear at the Meeting of Creditors, if he cannot.

Answer Applies to: Michigan
Replied: 12/19/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Sanders Law, P.A.
You can get power of attorney to complete the paperwork. You can also just contact an attorney who is willing to take the information over the phone so that your grandfather can be present with you. However, he would need to attend one event in the bankruptcy court unless you get the power of attorney.

Answer Applies to: Florida
Replied: 12/19/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Indianapolis Bankruptcy Law Office of Eric C. Lewis
Only an attorney is licensed to legally fill out paperwork for another person.

Answer Applies to: Indiana
Replied: 12/18/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: THOMAS G. GILL, P.A.
If you have guardianship of his person and property you can file bankruptcy on his behalf. Otherwise, you can help him provide the necessary information to a bankruptcy attorney and he will have to appear at what is called a meeting of creditors to verify the information he provided under oath.

Answer Applies to: Maryland
Replied: 12/17/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Simon Goldenberg, PLLC
You can assist a person in filing for bankruptcy. Visit the district court website for your jurisdiction to obtain the necessary forms and instructions. Be aware that Social Security income is considered exempt from execution in New York State. If you grandfather does not have other income or assets, then there may not be a necessity to file for bankruptcy, as he may be collection/judgment proof. A 'cease and desist letter' can help stop the phone calls.

Answer Applies to: New York
Replied: 12/17/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Darren Aronow, PC
You can fill out the paperwork for him, but you would have to be listed as the "preparer" on the file and he will still have to sign and swear to the accuracy of the bankruptcy petition and he will have to go to court for the creditors meeting.

Answer Applies to: New York
Replied: 12/17/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bankruptcy Law office of Bill Rubendall
Disability payments are not liable for debts it is completely exempt.

Answer Applies to: California
Replied: 12/16/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Michael Johnson
Yes but you should consult an attorney.

Answer Applies to: Florida
Replied: 12/16/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Ashman Law Office
You don't. You cannot practice law without a license. You can help by hiring him a lawyer.

Answer Applies to: Georgia
Replied: 12/16/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bird & VanDyke, Inc.
You must be very careful. If your grandfather has any assets have at least speak with an attorney first.

Answer Applies to: California
Replied: 12/16/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Offices of Kristy Qiu
If the only income he has is social security and he doesn't have any saving or any significant amount of assets, he's judgment proof, he doesn't need bankruptcy. Otherwise you should really go see an attorney, any mistake you make will only prejudice your grandfather. If you're unable to pay for an attorney, seek local legal aid help. If you're in south Florida, call my office, I offer discount for disable elderlies, I might even be able to take your grandfather's case pro bono.

Answer Applies to: Florida
Replied: 12/16/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Diefer Law Group, P.C.
You can assist him prepare the forms but he needs to review it and sign it.

Answer Applies to: California
Replied: 12/16/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Michael B. Fisher
You could complete the paperwork (as an attorney or bankruptcy petition preparer would) however your grandfather would still have to sign the papers and attend the meeting of creditors/trustee unless he was physically unable to do so. In such a case the debtor usually appears via teleconference or videoconference if the trustee allows such method.

Answer Applies to: New Hampshire
Replied: 12/16/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Joseph A. Mannis
Well, if you have an attorney do it, which I'd recommend, he or she will probably help you prepare the paperwork. That is how I do it in my own office, and it usually makes it a lot easier for the client, or in this case yourself, since I have a feeling you're going to be the one helping him with this.

Answer Applies to: California
Replied: 12/16/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: J.M. Cook, P.A.
A specific, durable Power of Attorney would be necessary for you to fill out the paperwork and appear for him. Alternatively, you could help him with the paperwork and he could apply to appear by interrogatories so he wouldn't have to appear in court.

Answer Applies to: North Carolina
Replied: 12/16/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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