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santarosa3 · Dec 12, 2007, 03:08 PM

thank you for the information on my mom filing bankruptcy.
My mom and dad have no joint propery or any other joint debt neither have any other debt.
the only debt is mom's credit cards in her name only. I know they may be able to garnish
part of her pension which is ony $400.00 per month so with soc.sec. total in come $750.00
per month. She pays phone and food for them.
Questions:
Will my father be included even if the cards are only in her name can they garnish his pension or are they separate in this? They do file taxes together does this make a difference?
I now personal belongings house items jewlery etc
but it is not much nothing of value old stuff no jewlery etc.

George_1950 · Dec 12, 2007, 09:52 PM

Your Mom can file for bankruptcy relief (Individually) on her own debts and not include her husband (together it would be a Joint filing). Her pension may be protected by her state's homestead exemptions or some other law; she needs a lawyer's advice on that. Your father is not included, and does not have to file with her, regardless of how taxes are filed; but if they live together, your Mother will have to disclose his income and include it in her income, as well as his expenses. More often than not, all personal property is considered exempt; it is different in each state, so check with a lawyer.