Using Special Power Of Attorney In Personal Bankruptcy
Q: My wife and I have filed for personal (chptr. 7) bankruptcy and have a 341 (Meeting of the Creditor's) meeting scheduled which we are told we must attend. However, my wife won't be able to attend due to a family emergency. But since I am aware of her side of our financial affairs and can answer questions at her with more knowledge than she can, I was wondering if I could have her sign and notarize a Special Power of Attorney naming me as agent, so that I can act on her behalf for the purposes of this meeting?
A: The real issue is whether or not she has information that you don't, that would be of interest to creditors. What I would do if I were you (or have your lawyer do it if you are represented) is to call the attorney for the trustee, tell him the situation and ask if he would like the hearing continued to a time when you both can be there. If he thinks that's not necessary, confirm that in a letter to him, and take it to court in case the judge wants to know why your wife isn't there. It depends on the local rules--here in Maryland, for example, one spouse may be able to testify for both if the absent spouse agrees to be bound by the answers. Speak with your attorney to see if this allowable in your jurisdiction.