I have my husbands poa, he has had medical problems over the last couple of years and we have gotten in debt with credit cards in the amount of over 50,000. we are current only on our mortgage and car loan. Can I file bankruptcy for him only? the credit cards are in his name only and Would he need to appear? He is not physically able and would I need to appear for him. I live in NC
1 Answer from Attorneys
Re: filing bankruptcy
The short answer is yes. If you have a valid POA that specifically mentions the power to file bankruptcy, you can file a case for another person, spouse or not.
And yes, one spouse can file without the other, but you should talk with a bankruptcy attorney to see whether that is smart in your particular case. there are lots of factors here.