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    Espy04's Avatar
    Espy04 Posts: 1, Reputation: 1
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    #1

    Nov 12, 2009, 02:16 PM
    I Filed BK and now Mother received summons from creditor for joint accounts
    I filed for bankruptcy and am going through the 'admnistrative' process through the court. Some of the accounts were joint accounts with my mother. She has recently received summons (lawsuites) from two of the creditors requiring a response w/in 30 days. Is she legally responsible for these accounts although she never used them herself? How does she respond to these summons and is there a way to alleviate her from the responsibility? She is a senior citizen with no income except disability.
    rosemcs's Avatar
    rosemcs Posts: 325, Reputation: 47
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    #2

    Nov 13, 2009, 10:10 PM

    Yes, you need to file joint (with your mom) to keep the creditors away from your mom. Hire a BK Attorney to answer your questions and do the process for you.

    The creditors will not leave her alone and have every right to sue if you don't.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Nov 14, 2009, 07:38 AM

    Hello E:

    Creditors are not interested in wasting their time. Your mother is judgment proof. That's a term meaning exactly what you said. She only has disability income and that can't be touched. Therefore, there's NOTHING to collect even if they win.

    I'd call the attorney's and tell them exactly what's up. Maybe they'll stop their suits, and maybe they won't. But, if your mother never answers and never goes to court, NOTHING material will happen to her.

    excon
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #4

    Nov 14, 2009, 07:59 AM
    If her name is on the accounts then she can be held responsible. If she doesn't have the means to pay then she may need to file bankruptcy herself ; that would be her only out. Of course, if any of the debts in question are secured debts then the collateral securing them can still be repossessed.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #5

    Nov 14, 2009, 08:00 AM
    Quote Originally Posted by excon View Post
    Hello E:

    Creditors are not interested in wasting their time. Your mother is judgment proof. That's a term meaning exactly what you said. She only has disability income and that can't be touched. Therefore, there's NOTHING to collect even if they win.

    I'd call the attorney's and tell them exactly what's up. Maybe they'll stop their suits, and maybe they won't. But, if your mother never answers and never goes to court, NOTHING material will happen to her.

    excon
    Good points ex. She may not need to file bankruptcy after all.
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