Sorry about my grammar. My only excuse is it's early!

You can created a POA that will allow you to file bankruptcy on behalf of your daughter.

Just make sure that in the list of actions that you can carry out as a POA, bankruptcy is mentioned in detail.

You do not need an attorney to create a POA either. With a Google search you can download any type of POA you need.

Hope this helps,

rewdiazepam

I forgot to add this---------

Create your POA and list the actions that you want to do. I have a sample POA that I used for my parents that you can use if you want.

Remember, mention bankruptcy in detail.

After you create it and have it the way you want it, send it to your daughter in prison. She will sign it and have it notarized there in prison. The person who runs the law library or one of the case managers can notarize it for her.
Then have your daughter to mail it back to you.

Now you should have a signed, notarized POA so you can make transactions and do business on your daughter's behalf. Make several copies as you may need them. I made several copies and always kept a copy in the glove compartment if I needed it.

rewdaizepam

Unless the creditor is the IRS or some State agency (they don't accept bankruptcy and you will always owe them! ) you may want to just wait this one out. Talk to the creditors and an honest accountant about the situation. They may just write off the account knowing there is little hope of payment in seven years.

As for the POA, you can find forms with a Google search. You can find just about anything with a Google search! The problem is you don't know how well they protect you. The issue with using a random form is laws vary from State to State. The devil lives in the details and you don't want to learn of a legal nuances after the fact.

If you don't have a lawyer friend who will do it as a favor or there is no free legal aid society member in your area, then I would try legalzoom.com. Not only do they have extremely reasonable rates for do-it-yourself forms, they have documents specific for any State.

Definitely get a POA. They are extremely handy for many unforeseen issues you haven't encountered yet! As for the bankruptcy, proceed with caution it may not benefit your daughter like you think!

I am pretty sure that bankruptcy will not discharge such debts as-----------court fines, restitution, court costs, and child support.

rewdiazepam

Bankruptcy won't remove student loan debt either.

Don't worry about the bankruptcy at this time..
Worry about keeping contact...and if she wants to declare bankruptcy...she can..she is an adult.

you have so much worry...going on...let this go.

I don't know about filing bankruptcy but mine was baffled to see that when he got out after being in 3 and a half years his credit score was much higher than it used to be. I guess because he hadn't accrued any further debts. Just gotta make sure that then he didn't get crazy like mine did and get all kinds of loans.

I just thought of something else.
If she is serving 7 more years....her credit is ruined anyway..and it is ruined with a bankruptcy too. But, your right..she may have a fresher start if the bankruptcy is done now.

Because credit card companies usually start sending low allowance credit cards after about 5 years that she could apply for to start building her credit again when she gets out.

Thanks for your input everyone. She had a car repo'd and I have heard that can really damage a credit score. I am going to research this a little more. If she does file I will post anything we learn along the way.

If she has 7 years to go, a chapter 7 bankruptcy would only stay on he credit report for 3 years following her release. It's not for everyone but I had a voluntary repossession on my credit when I was 20 (still hurts you just as much, I was screwed over- learned my lesson to never cosign anything for anyone!) and had to file chapter 7. I owed 10-11k which, at the time, was way too much for me to fathom paying back & honestly it was the best choice I made even though I was so young. Since then I secured a car loan, credit card, and pretty much anything else I wanted within reason and have been rebuilding my credit. If your daughter is on board, and thinks its the best choice for her, I don't see why not

I called an attorney in his city that would visit the prison for his signatures and in the state he is in, he had to do a 310 or something like that meeting - and it had to be like skyped.

I am a para-legal - but I couldn't get access to all his debt/assets (401K) so - I didn't want to take the chance and do it myself or I would have.

Good Luck :)