Legal Question in Bankruptcy in Illinois

Foreclosure and Bankruptcy - Prison Inmate

Can an inmate file bankruptcy from prison? The inmate owned his home and was paying for personal vehicles prior to his incarceration. The home is approaching foreclosure within the next 21 days.


Asked on 7/26/07, 1:35 pm

1 Answer from Attorneys

Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Foreclosure and Bankruptcy - Prison Inmate

I have been on the creditor end of a bankruptcy where the debtor who filed was purported to be in prison, however, the problem that arises is that there is a meeting of creditors that the inmate must be preset for. I do not have personal experience representing an inmate, but unless the inmate plans to be out any time soon (within 60 days or so), it is going to be difficult for the inmate to succeed with the bankruptcy. Also, is the home approaching a judgment or is the sale scheduled? All the bankruptcy can do is delay the foreclosure unless the inmate somehow has the funds to become current on the house. I imagine if inmate had such funds, they wouldn't be in foreclosure. In a chapter 7, the mortgage company will file a motion to lift the stay fairly quickly because they are not receiving funds and there is no reason for the house to be protected unless there is so much equity that the trustee would want to liquidate the house. If it is a chapter 13, the inmate will need to make his/her first plan payment (which can include the mortgage payment) within 30 days of filing, otherwise, expect a motion to dismiss (and it will succeed). In any event, I suggest that the inmate find an attorney to help him/her with filing, as I highly doubt the inmate has sufficient knowledge about what is required for filing bankruptcy (and probably doesn't have all the necessary documentation with him/her at prison) to do so on his or her own notwithstading his/her inability to go to court for the case.

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Answered on 7/26/07, 1:52 pm


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