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Seeking advice for my situation...

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    Seeking advice for my situation...


    #2
    What you are proposing your mother to do is illigal.
    You are now blessed with a good job so further screw up your life by filing BK.
    Suck it up meet your obligations and be glad that you can.
    regards,
    emoney

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      #3
      Yep, that idea is pretty much BK fraud.

      Given the amounts involved, she would have to wait more like a year+ before filing BK if she transferred the debt to her name. And even then, I am not sure it would fly, because she is paying off debt of an "insider" (family member).

      Although e-money's post is a little harsh, he has a point, this is YOUR debt, if you want to get rid of if, YOU file BK (or pay it off).

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        #4
        I am not offended. Thanks to you both for your blunt responses.

        I am happy to have made a full health recovery and to once again be well-employed. I am prepared to endure this repayment period but didn't see the harm in exploring other possible solutions, however cheeky they may seem.

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          #5
          While I totally understand the unemployment situation and surviving however you can during that period of time (been there, done it, ready for it if it occurs again), you are now back on your feet with only $25,000 of unsecured debt in your name and $25,000 in your mother's name. For you to take your $25,000 and transfer it over to her as her debt and run up all her cards would raise a nightmare of red flags should she consider filing Chapter 7. She would be questioned considerably about why that all occurred and with the paper trail involved, it would not take long to unravel. Since you are single with no family responsibilities and doing better, take on a side job and get the debt paid off. In the long run it will benefit you and your mother and you should be protecting her now, not putting her deep in debt and having to file bankruptcy to protect you. You are young yet and have many years until retirement and could consolidate this debt and pay it off. It doesn't sound like your credit is trashed so you could investigate consolidating a portion of it off the cards and paying the cards off quicker. The look back period for money transfers prior to filing BK can go back for well over a year if something is suspected. Believe me, they would be looking at your mother's filing if she filed very closely since there is really no reason for her to accumulate that much debt in such a short period of time.

          Congrats on your health and reemployment. Investigate your financial options but I certainly, in this situation, would not consider allowing your mother filing bankruptcy for you and your debts.
          _________________________________________
          Filed 5 Year Chapter 13: April 2002
          Early Buy-Out: April 2006
          Discharge: August 2006

          "A credit card is a snake in your pocket"

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            #6
            In light of the replies you can see that this would be bankruptcy fraud. However: Your mom still may want to file bankruptcy on what she already owes, just to get out from under the debt she owes.
            <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
            FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

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