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Chapter 7 or repossession

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    Chapter 7 or repossession

    Need opinions
    Father died , left mom in a MAJOR financial mess , Her SS does not cover car payments plus
    house payments plus Medical and Normal expenses for a 68 year old. Her health is failing to the point
    she now lives with me ( her son ). She has another 50k in dept on top of what she needs.
    Should she file chapter 7 or just let everthing get repossessed ?
    She has nothing to protect by filing , consulted a BK attorney he even said that is correct. He suggested make her car payments and let everthing else just default, the Creditors will hound her if they can find her.
    He also suggested to get her ss sent in mail and let her cash it and pay her bills and be done.
    She really has ZERO assets , sad to find out after Dad is gone but he mortgaged her to the poor house.
    any opinions ? what happens if she lets them reposess the stuff ?
    What would filing BK help accept spend the last cash she has which is about 4,000

    #2
    Another option is to write a letter to each creditor and explain the situation as you have done in this posting. Most if not all creditors will quit hounding your mother and let her life out her life.
    If not then BK 7 is an option.
    regards,
    emoney

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      #3
      So sorry to hear about your mom's financial situation, gaw. I think if I were you, I'd ask Mom to surrender everything but her car and see how her 'no asset' status plays out with her creditors over time. However, just in case she has aggressive creditors who do find her living at your home, I'd have a local bk lawyer waiting in the wings to file Ch 7 papers to invoke the automatic stay and avoid years of useless hounding. Hope everything works out for your mom - she's very lucky to have you for a son.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment

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