IN RE VITAGLIANO

No. 03-18062K.

303 B.R. 292 (2003)

In re Robert J. VITAGLIANO, Debtor.

United States District Court, W.D. New York.

December 2, 2003.


Attorney(s) appearing for the Case

Morree M. Levine, Niagara Falls, NY, for Debtor.


MICHAEL J. KAPLAN, Bankruptcy Judge.

The question is whether a person's attorney-in-fact may effectively commence a bankruptcy case concerning the person. The attorney-in-fact here is the individual's mother. The individual is currently incarcerated. His counsel argues that under state law, his mother's signature as his attorney-in-fact suffices to constitute his signature on a document. That, however, does not answer the...

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