Legal Question in Bankruptcy in California

Ihave power of attonery for my sick mom Iam her son can i file chapter 7 if i am the trustee to estate


Asked on 7/08/10, 4:37 pm

2 Answers from Attorneys

Asaph Abrams Law Office of Asaph Abrams

I recommend coordinating with the United States Trustee's office (this is a branch of the Department of Justice, which oversees the integrity of the bankruptcy process). Have your attorney give them a call to be sure you meet the requirements for representing your mother.

Disclaimer: the above as well as any information found on our Web site is not legal advice and should not be relied upon. It does not create an attorney-client relationship. Unilateral communications may be misconstrued as they do not address all facets, nuances, and particulars, or all means of addressing a situation. This is strictly my opinion provided for general informational purposes and it pertains to California law. Seek legal and other professional counsel before acting in relation to bankruptcy. It's worth the cost.

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Answered on 7/09/10, 8:24 am
Tony Carballo Carballo Law Offices

Your question does not offer enough information such as your mother's competency and what estate you are referencing. If your mother is incompent and cannot understand what she is signing then that is important to know. Also, you mention an estate. What kind of estate? Is there a conservartoship? or are you referring to the estate upon your mother's death which not yet exists? or are you referring to a revocable living trust (usually no estate yet)? or an irrevocable living trust (an estate exists usually)? Much more information is needed and it is sufficiently complicated that you should see a lawyer for a consultation. Otherwise it is very dangerous situation since you do not have the right to dismiss a Chapter 7 if you make a mistake and the Court might deny a request to dismiss the case. Therefore, the best advice is to seek legal counsel from an experienced bankruptcy attorney and take to him/her the documents for review.

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Answered on 7/11/10, 10:24 am


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