Official Form 11A
INSTRUCTIONS FOR COMPLETING OFFICIAL FORM 11A
GENERAL POWER OF ATTORNEY
A power of attorney is an instrument that allows an individual, partnership, or corporation
to authorize a specific individual to act as its agent or “attorney in fact” for certain matters. An
“attorney in fact” is an agent who is appointed and authorized to act in place of another, as
distinguished from an “attorney at law”. A power of attorney does not authorize an individual to
practice law and should not be confused with legal representation by an attorney, who is licensed
by the state to engage in the practice of law.
A power of attorney may be either general or special. A general power of attorney is
broader in scope. For example, it may authorize the agent to handle all general business
transactions. On the other hand, a special power of attorney limits the scope of authority to
acting for a particular purpose or performing a particular act. Official Form 11A may be used for
a general power of attorney, and Official Form 11B may be used for a special power of attorney.
II. APPLICABLE LAW AND RULES
Rule 9010(c) of the Federal Rules of Bankruptcy Procedure (referred to as “Bankruptcy
Rule” or “Fed. R. Bankr. P.”) states that a power of attorney must conform substantially to the
Official Form, and that it must be acknowledged before an authorized person.
The authority of any agent, attorney in fact, or proxy to represent a creditor for any
purpose other than the execution and filing of a proof of claim or the acceptance
or rejection of a plan shall be evidenced by a power of attorney conforming
substantially to the appropriate Official Form. The execution of any such power
of attorney shall be acknowledged before one of the officers enumerated in 28
U.S.C. § 459, § 953, Rule 9012, or a person authorized to administer oaths under
the laws of the state where the oath is administered.
Fed. R. Bankr. P. 9010(c).
Bankruptcy judges, clerks, and deputy clerks of bankruptcy courts are authorized by