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View Full Version : Mom at risk of stroke in BK court


santarosa3
Dec 13, 2007, 05:24 PM
Thank you again for the information, very help full
In the bankruptcy that will be filled by my mom you said, she will need to report my fathers in come if they live together does this mean they could take part of his pension
Check also? (1) In Colorado they can garnish up to 25% of pensions and paychecks.

My mom can't walk very good and is having memory problems which became bad
Just lately, the stress of the BK and the debt counseling will stress her into an other stroke
I have a power of attorney and if I get a doctor to say it would be harmful to her, can I
Go in her place? (2)
I really think she could have another stroke.

Don't courts understand these situations?(3)
What good is debt counseling at 84 at this stag she will not relate to the service.

Both she and my father have and have always had perfect credit. A few year ago
They lost their 25yr. Granddaughter they only had 2 grandchildren. That is when she
Started having strokes and the credit card problem, helping even poor people she didn't know. Sorry just needed to add that.

Fr_Chuck
Dec 13, 2007, 07:02 PM
OK bankruptcy does not Take or garnish income, that is judgements.

The income is reported to see if they make too much to file, you have to meet certain income guildlines to be able to file.

So you have judgements and bankrutpcy confused.

And debt counseling is done in about 30 minutes online, no talking to anyone, so if this is a stress I don't know what to tell you.
You don't go to debt counseling, you do it on the phone at worst, but normally online. So you have mom sitting next to you, all you do is list all of the income, and all of the debts, if you use CCC their program even takes everything on your credit report and fills in all of those debts without you typing them in.
This will be the info to fill in the CCC report that you would have already had to supply the attorney. You go see the attorney first,

She will have to go to court and appear, just POA is not enough, you may get by with it, if you were her guardian but not POA

Debt counseling is demanded prior to filing bankrutpcy, if is nothing, you have it confussed with something hard to do somehow.

George_1950
Dec 15, 2007, 04:27 PM
Is your mother competent? Does she have all of her records? She must be competent to file a proceeding in court or need a guardian. The Trustee may allow the case to proceed if none of the creditors object to her not being present for her hearing. This is decided on a case-by-case basis.