is bankruptcy an option for an inmate?

What is the name of your state? CA

i've posted this question in the criminal law - sentencing forum a couple of days ago with no response. . .

"my neighbor/friend has just been sentenced to state prison for 6 yrs. i've been picking up his mail and am wondering about the credit card bills (no property or car). are there services available to him in prison? is bankruptcy an option for him?"

i'm not sure how people who are incarcerated handle this situation and no one (sheriffs at the jail & public defender) seems to be able to answer this question.

would this be considered an "involutary bankruptcy" where the creditors rather than the debtor file the petition in bankruptcy? should i contact the creditors? is an attorney really necessary or can i use ziinet to file without one?

he has no family to speak of and i'm trying to help.

[Ladynred]

The problem is, the petitioner has to appear at the 341 meeting (meeting of creditors) to be sworn in and questioned by the Trustee under oath. If he's in prison, he's not going to be able to make a personal appearance, so the case would be dismissed.

So far, I've not found ANY way around this for inmates OR for the disabled who cannot physically get to a 341 meeting.

thank you so much for your prompt reply!!!

so i guess even with an attorney it still wouldn't be possible since he wouldn't be able to make any meetings personally.

do you suggest i just contact the creditors and do you think they would file an "involutary bankruptcy" where the creditors rather than the debtor file the petition in bankruptcy? (just found this info in a website but it didn't explain the circumstances it would apply to)

thanks again!!

[Ladynred]

Well, you can try contacting the creditors, but it may not be of much help, if they'll even talk to you (not being the account holder or a spouse).

Here's what will probably happen. After 6 months of non-payment, they'll charge-off the accounts. They'll go to collection agencies who will try to find him and harrass him to pay.. personally I think that would be funny.. . Anyway, its possible that he could be sued and a judgment won, then it would sit there until he gets out and can come back to haunt him then.

The other thing is the statute of limitations for being sued for CC debt is 4 years, so by the time he gets out, if he hasn't been sued, they won't be able to and he won't have to pay any of them a single penny.

I really don't know what a creditor does in this case if you call them and tell them he's going to be incarcerated for the next six years. Go ahead and call them.. would be interesting to hear what they have to say. There's not a damn thing they can do, that's for sure.

[bigun]

Prehaps JETX or Dorene or another lawyer will see this but, I was under the impression that incarceration, confinement to a mental institution or, leaving the country would stop the SOL clock.

Thanks. I'll try calling myself but I agree with you since I'm not on his accounts or a spouse. My next option is to send him all of his account info and have him call the 800 #s (if possible) or write himself.

I appreciate the breakdown of the collection process. I've noticed quite a few "certified letter" notices lately and assume "collection" has begun. I was just hoping to help clean up this situation now since it'll be hard enough when he finally gets out. Boy, he really got himself into a mess.

Thank you again and also to others who have responded! Your replies and time are greatly appreciated!