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Counting parents income as a disabled adult? long...

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    Counting parents income as a disabled adult? long...

    I'm new here...so happy to find this forum! I've been reading as much as I can but I have a question I can't figure out. I've been debating if I should post this or not, as I know I screwed up and feel panicked every time I think about it. I'll try to keep this short ...

    I am disabled, receive SSI, live with a parent, and have a close to $95K in cc debt (3 cards). My mother helps to support me and I am dependent on her financial help. When asked my income the last time I applied for a card (or asked for a credit limit increase, can't remember which), I included her income. Her name is not on the cards but she has helped pay my cc bills by loaning me money when needed. Last year, my debt doubled (mainly medical expenses I charged to my cards, but some other purchases) and I haven't been able to make more than two full payments since then.

    I feel like my heart is going to stop as I ask this, but is the income issue considered fraud? Since I was dependent on her income and have the advantage of receiving help from her, is it okay to have included it, considering it's part of my household income? That is my most important question--everything else hinges on it. I can't remember if they asked for personal income or household income.

    IIRC, if I file, she and her income will be included in the means test, right? So will the trustee or the cc companies view the fact that I included her income as fraud?

    I've had near-perfect credit and great interest rates for my entire credit history (10+ years) but when my debt increased late last year, the payments become unmanageable and naturally, my interest rates jumped and the fees piled on (about $15K of the debt is late fees, over the limit charges and interest charges). I thought I could handle the increased minimums when I made the charges.

    I don't know what to do. $95K is a lot of debt, to be sure. I know the cc companies will not want that kind of money to be discharged (if that's even possible!). I just don't know what to do. I'm afraid of talking to an attorney just yet, as from my reading, it seems that if there is any possibility of fraud, the date that you started speaking to an attorney is what counts and can be used to dismiss your case.

    I mention the attorney issue because, in addition to the income concern, within a few months of making the large charges and making maybe two months of full payments after that, I stopped paying. I fell into a depression around that time, I just did not make any payments for some time. Since then, with the increase in interest and fees, it's really more than I can handle. Recently, I've managed to make two months of partial payments (big whoop).

    Sorry this got so long! Any advice would be most welcome! I'm a nervous wreck, trying to figure this out...thanks in advance....

    #2
    Not sure why you're concerned about speaking to an attorney. Nothing wrong with that unless, after a consultation you add on more debt. That situation can be construed as substantial abuse.
    As to the other concern-the cc company will have to raise that issue. That's something that's beyond your control.
    Here's what I'd suggest. Consult with a lawyer and stop adding to the debt.
    Disability income is exempt from creditor seizure. They can sue but, the judgment will be empty. Wait 'em out. Wait as long as possible-a year or more when the accounts are in the hands of 3rd party collectors. At that point prehaps the paper trail will have grown cold and then it'll be safer to file.

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