URGENT Question Regarding Required Post-Bankruptcy Course

[LittleB72]

Long story short, my father-in-law suffered a devastating stroke and will not be able to complete his post-bankruptcy course.

His lawyer says my husband can get Power of Attorney and do this for him but I don't think that is correct information based on a couple things I have found online.

Anyone have any experience with this?

The deadline is March 18th...NEXT FRIDAY

[OhioFiler]

When one hires an attorney it is always best to follow their advice. That is why we hire them.

Justice may be blind but bankruptcy trustees and judges are human. They can make accommodations for you.

[AngelinaCat]

Your husband needed to have the Durable Family POA in place before the stroke. Trying to get one now, after the fact, will be a problem. Of course, no one expects these sorts of things when a person appears to be perfectly healthy.

If your FIL had an attorney file his paperwork, I think he/she needs to inform the trustee of this misfortune right now, and see if that requirement can be waived.

Hopefully, one of our members who is an attorney will weigh in....

I hope your FIL will have a speedy recovery.

[despritfreya]

My spin on this from only having 1 case where the debtor could not take the class: Mom took it for him and sent me the certificate. Mom had a POA and the counseling agency accepted it. Unfortunately I do not know how "valid" it was but, from my point of view, so long as I was able to file a Certificate, I was not going to question it.

Wish I had some better insight but. . .

Des.

[LittleB72]

I am going to contact the lawyer to see if he can contact the trustee to get an exemption.

Thanks for the advice. If anyone else has any insight, please chime in!

[LittleB72]

BTW, this is what I was referring to finding online:

Q: Can a Durable Power of Attorney, Power of Attorney or Attorney In Fact complete the Pre-Filing Counseling or Post-Filing Debtor Education on behalf of an incapacitated client?

A: NO. The Executive Office of the United States Trustees and the Bankruptcy Administrators have provided direct guidance on this issue and prohibit the completion of either session by an attorney in fact. Attorneys are also reminded that clients who cannot complete counseling or education due to mental or physical limitations are exempt from these requirements, although these exemptions are likely to be narrowly tailored by the courts.

[Jacey]

As long as the information is presented to him, isn't it valid? Even if someone else handles the computer for him?

[StartinOver]

LittleB72's answer includes the fact that those who "cannot complete due to mental or physical limitations are exempt..." Talk to your attorney about that and get doctor's certification about the condition and see whether trustee can waive the requirement.

[tobee43]

BTW, this is what I was referring to finding online:

Q: Can a Durable Power of Attorney, Power of Attorney or Attorney In Fact complete the Pre-Filing Counseling or Post-Filing Debtor Education on behalf of an incapacitated client?

A: NO. The Executive Office of the United States Trustees and the Bankruptcy Administrators have provided direct guidance on this issue and prohibit the completion of either session by an attorney in fact. Attorneys are also reminded that clients who cannot complete counseling or education due to mental or physical limitations are exempt from these requirements, although these exemptions are likely to be narrowly tailored by the courts.

ask another atty...LIKE des....

there are exceptions...one being an active military members spouse...so i'm certain there are exceptions...they absolutely can get a POA

i don't want to suggest anything ...but we took ours on line and no one knew that it was me filling in all the answers although i FORCED my other half to sit right next me us.

the type of course we took was taken on line and sent right the the atty's office to be filed with the court.

best of luck to you...and once again, there are exceptions to the rule....