Ask Experts Questions for FREE Help !
Ask
    santarosa3's Avatar
    santarosa3 Posts: 18, Reputation: 1
    New Member
     
    #1

    Dec 13, 2007, 05:24 PM
    Mom at risk of stroke in BK court
    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    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's Avatar
    George_1950 Posts: 3,099, Reputation: 236
    Ultra Member
     
    #3

    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Received court summons in my door and have 2 weeks to court date [ 9 Answers ]

I received a summons on my door for a $5,000 debt to american express. Lawyer office is about 1 1/2 from my home... I am willing to pay the debt, do I have to show up for court? I am going to be out of town and won't be around on the court date... can I call the attorney's office and settle the...

Debt Court Summons -- If I pay in full, can I avoid court? [ 5 Answers ]

I realize a lot of people post questions regarding debt summons and I've scrolled through the boards but I haven't found a clear answer to a few of my queries. Here's what happened: I was today presented (they slid it under my door) with a summons to appear in court. I'm being sued by Capital One...

Court ordered Mediation vs Court Trial [ 4 Answers ]

Hello again, I'm going into a mediation next month concerning a past credit card debt that I am being sued for. I plan on using the SOL defense as the date of last activity falls past the statute date. Anyhow, I was wondering what the difference between a Court ordered mediation and a normal...

Superior Court and Supreme Court [ 4 Answers ]

Is a "Superior court" the same thing as the "Supreme Court"?

Altitude and Stroke or TIA risk [ 0 Answers ]

?? Is there a danger for someone who has had a TIA (mini-stroke) in the past to be at altitudes of 6,000 to 9,000 ft.


View more questions Search