Legal Question in Bankruptcy in Minnesota

federal prison inmate

Can a federal prison inmate file bankruptcy while in prison?


Asked on 2/17/04, 6:44 pm

2 Answers from Attorneys

Andrew Nichols Law Office of Andrew B. Nichols

Re: federal prison inmate

There is no restriction on someone who is incarcerated filing for bankruptcy. However, there is a requirement that the filer be examined under oath after the bankruptcy is filed. Somehow, if the filer is still incarcerated, special arrangements to conduct this examination would have to be made. ph. (763) 788-1000

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Answered on 2/18/04, 8:43 am
David Kelly-952-544-6356 Kelly Law Office

Re: federal prison inmate

You can file while in prison. As Mr. Nichols indicated, how to get you to the hearing would be a problem.

Folks usually file bankruptcy because they have something they want to protect from their creditors: their wages, money in a checking account, or something. There are many people who are too poor to file. Why should they file when there is nothing a creditor can do to them, nothing that a creditor can take away? Since you are in prison, I would tend to expect that you are in that category - although you would not have to be.

I suppose that if you will be getting out soon and you want to clear the deck for that day, you could have reason to file.

Good luck.

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Answered on 2/18/04, 10:41 am


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