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-   -   Elderly person in over her head (https://www.askmehelpdesk.com/showthread.php?t=160798)

  • Dec 8, 2007, 09:27 PM
    santarosa3
    Elderly person in over her head
    No one has answered my question perhaps it is to long.

    If my mom files bankruptcy on her credit cards (none of then are in my fathers name) only hers.
    Will they use her income only or my fathers income also, they do file taxes to gether
    They live in Colorado. Also can they take a part of her pension from the CFI Steel mill of $400.00 per month
    She owns half of a house she lives, my sister each share is $30,000 to 40,000.
    The house is paid off. The debt is $ 65,000
  • Dec 9, 2007, 07:57 AM
    tickle
    As it pertains to Colorado:

    Bankruptcy Laws

    Bankruptcy law is primarily comprised of the federal statutory law contained in Title 11 of the United States Code. One of the primary goals of the bankruptcy laws are to provide debtors with financial difficulty an opportunity for a fresh start.

    In furtherance of this goal, bankruptcy law provides for the development of a bankruptcy plan that allows a debtor to resolve his debts through the division of his assets among his creditors. This court supervised division provides an orderly manner for the debtors non-exempt assets to be dispersed among the creditors with some measure of equality. It also also provides the debtor with assurance that when the bankruptcy is discharged they will have a fresh start free from the financial obligations incurred previous to the bankruptcy.

    The form of the bankruptcy plan will depend on whether the debtor files a chapter 7 bankruptcy or a chapter 13 bankruptcy. A chapter 7 bankruptcy is a complete liquidation where all the debtors non-exempt assets are distributed to creditors and the debtor emerges in a relatively shorts time, usually under six months, free of the unsecured debts discharged through the bankruptcy. A chapter 13 bankruptcy is a reorganization where the debtor forms a plan that lasts from three to five years during which they make regular payments to bankruptcy court and pay down a portion of their total unsecured debt. As the end of this three to five year period the bankruptcy and all remaining unsecured debt is discharged.
  • Dec 9, 2007, 01:35 PM
    Fr_Chuck
    First she can not just file bankruptcy on just her credit cards, she has to list every debt she has no matter if they are personal or joint

    After that she has to list all her money she has, all of her property, cars and homes, and personal property, she is allowed a certain amount of what is called exemptions

    So her and her husband needs to go to an attorney together and get what will happen to their joint properties.
  • Dec 9, 2007, 09:22 PM
    santarosa3
    The debti only my mons They have no joint accounts she will file alone she will report her own pension and soc sec income
    Why would my father be involved he has nothing jointly with mon and he
    Has is own pesion and soc Will this involve his or his pension

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