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    How does it work, and questions?

    Hello everyone, hoping you can help me with some questions and better understanding based on your experience and knowledge.

    First here is what is going on. This is for my parents, both seniors. My father is receving pension and the only one with income. They are at least 20,000 to 25, 000 (if not more in debt). Their monthly income is only 1100 per month. Pay about 550 for rent, the rest of the money they pay some of the debts, as for other expences I've been helping them with grocery and other necessary items for the past 6 years and not sure if I can continue with higher living expences (where we live). My parents don't live we with and I'm not offically helping them (my informal help is not repored for tax). OK.these bills are based on several years for lack of income and bad management of money. I've been talking to them and they are in really bad shape, and haven't been able to pay the minimum of all payments (always too proud to ask us/kids for money since they realize we work hard for our money too). Until recently there hasn't been much of new purchase on the credit card debts just the balance of stuff not going away.

    Now they are using their credit cards to buy some grocerires, necessary stuff, etc and had to do some cash advance. We have been discussing it and it seems they would never get of the debt due to paying only minimum fee...

    So, it seems bankruptcy is their last and only option. here is the issue, they got some credit cards mentioning that they were working and earning higher income. Can they still file for bankruptcy for these cards with large debts although their real income has been much less and my parents haven't worked for very very very long time? They really spending as little as possible but it is not working. They have no car, no house no major asset really. I can total their asset max to 3000?

    What are things we need to do and to know to take steps towards bankruptcy? What about the credit card debts? Due to how they applied (untrue information) will we run to any issues?

    Pretty much I have to do all the work on this bankruptcy (forms, going to see someone with them...) please share any information that can make this easier for all of us.

    If you can provide a simple 1-10 steps of what has to be done
    (in order) i would greatly appreciate it.

    #2
    Originally posted by introuble View Post
    Now they are using their credit cards to buy some grocerires, necessary stuff, etc and had to do some cash advance. We have been discussing it and it seems they would never get of the debt due to paying only minimum fee....
    Hi and Welcome introuble!!! *waves*

    There must be at least 90 days of charge free activity before they can file bankruptcy. No more cash advances.

    [QUOTE=So, it seems bankruptcy is their last and only option. here is the issue, they got some credit cards mentioning that they were working and earning higher income. Can they still file for bankruptcy for these cards with large debts although their real income has been much less and my parents haven't worked for very very very long time? .[/QUOTE]

    They are not the only ones who have fibbed on their credit applications. Usually the creditor won't look too deeply into it. However, if they do, they could say they got the credit by fraudulent means and the debt might not be discharchable. Rare, but possible.

    [QUOTE=What are things we need to do and to know to take steps towards bankruptcy? What about the credit card debts? Due to how they applied (untrue information) will we run to any issues?

    Pretty much I have to do all the work on this bankruptcy (forms, going to see someone with them...) please share any information that can make this easier for all of us.

    If you can provide a simple 1-10 steps of what has to be done
    (in order) i would greatly appreciate it.[/QUOTE]

    I am no pro at this but I will try to give you what MY top 10 would be.
    1-get all information in order. Creditors, assetts, etc...
    2-schedule consults with at least 3 attorneys
    3-If bankruptcy is the option chosen, stop paying unsecured debt and save up retainer for attorney
    4-start on gathering all paperwork for attorney (they will give you a list)
    5-Get caller ID if they don't have it already
    6-do pre BK counseling
    7-file
    8-freak out for a little bit and vent on the forum here
    9-go to 341 meeting of the creditors
    10-get a discharge and enjoy your fresh start.


    Good luck and keep us posted on how things work out
    Filed: 08/09/06
    341: 09/18/06
    Discharged: 11/22/06
    Closed 11/30/06

    Comment


      #3
      Sounds like your folks may be pretty much judgement proof. If that's the case, there's no need to rush to file until or unless your parents are in a position where they may be sued by one or more Creditors.

      Many States, retirement and and disability incomes cannot be garnished by Creditors. We'd need to know the State your parents live in to check on that and their BK Exemptions as well.

      Take your time. As Miss P suggested, schedule some Consults with attnys and learn what your parent's options are. Generally Consults are free and you'll learn a lot.

      Also, contact a Credit Counseling Agency. I'd strongly recommend you use a DOJ approved CRA. There's a list here:

      http://www.usdoj.gov/ust/

      In the BK Reform box, click on Credit Counseling and Debtor Education. Then click on Credit Counseling on the next page. You'll find a list of CCA's approved for your State. Maybe even a local office your folks can visit in person. Let a professional Credit Counselor look over their finances and see what, if any other suggestions they may have.

      Once you've learned and had a chance to review your options, then you can decide what step would be best to take.

      BK may the answer your folks are looking for. One thing to consider tho,......... Younger folks "benefit" more from BK than older folks do. It takes time to rebuild your Credit. Younger folks have plenty of time ahead of them to heal and rebuild their Credit. Whereas us older folks tend not to have the luxury of time. Ahhh the joys of youth!
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment


        #4
        They may be judgement proof

        Like Sinking Fast stated. Also check out a lawyer/senior advocate to see what services are available in your area.
        Last edited by Bobby'sGirl; 09-12-2006, 05:56 PM.
        August '05 Business failed.
        Spring '06 Found this site, thank heavens
        Chap 7 (no asset) filed 11/10/06; 341:1/31/07
        disharged 2/26; closed 4/17/07

        Comment


          #5
          What to do

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          Last edited by lrprn; 09-16-2006, 11:59 AM. Reason: Advertisement - post deleted by moderator

          Comment

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