Thinking about filing...help

[the inlaws]

So, uh, I'm looking for some advice to help my inlaws out with... Turns out that over the last year they have accumulated over $100,000 in credit card debt from cash advances. Father in law is bi polar and was taking cash advances and sending it away to scammers who promised more money to him in return. My mother in law only just found out about 3 months ago and put a stop to it... but now they are $100,000 in the hole.... I have a few questions.

1. Do you need to be past due with creditors calling every day to file for bankruptcy? They are current on their bills now, but only because my wife and I have been helping out... that's getting old REAL fast.

2. I know in Chapter 13 you can keep a house, what about a car that you are still paying on?

3. Father in law is unable to work due to his bi-polarism, but his pension is the primary income. Would that be affected in chapter 13.

Thanks for you help, just looking for some advice before dishing out money to a bankruptcy lawyer.

[HHM]

1. NO

2. You can keep the house and cars in both Chapter 7 and 13. In a chapter 7, so long as you are current on payments and any equity in those assets are within the exemptions, you can keep them.

3. Generally, pension income is exempt.

Its sounds more like your inlaws would do a chapter 7 depending on the wife's income.

[the inlaws]

Thanks...
I didn't think you could keep your house and car in Pennsylvania with a Chapter 7...
Mother in law only makes 18,000 to 20,000 a year.... about $1000.00 take home a month.

Any additional insight is appreciated. Thanks again!