QUESTION
Can I file bankruptcy on my mother's credit card bills? How?
Asked on Aug 20th, 2015 on Bankruptcy - Colorado
More details to this question:
My mother lived with me and has no assets. She is going into a nursing home on Medicaid. What do I do when her credit card bills come in? Can I file bankruptcy?
9 ANSWERS
Your mother is judgment proof. Not necessary to file anything. Creditors can not get anything from her.
Answered on Aug 24th, 2015 at 6:27 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Not on her debt.
Answered on Aug 21st, 2015 at 1:19 PM
You cannot include someone elses debts in your bankruptcy. Even if you are a co-signer on the account, your bankruptcy will only discharge the debt as to you, and will not eliminate the debt as to your mother. Depending on the circumstances, your mother may not need to file bankruptcy in order to avoid paying the credit card debts. More information would be useful.
Answered on Aug 21st, 2015 at 1:18 PM
2 Awards
If they are not your bills you need not pay them. If your mother is unable to pay them and she has no assets then there is no need to do anything. You can advise the creditors that she has no assets and is in a nursing home.
Answered on Aug 21st, 2015 at 11:53 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Does your mother have any assets or income that she is protecting? If not bankruptcy will serve no purpose. However, if she does have something to protect, you can file her bankruptcy if she is incompetent.
Answered on Aug 21st, 2015 at 9:38 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You certainly can list your mother's debts as contingent liabilities if there is any chance the creditors will look to you for payment. But that does not let your mother off the hook. To be relieved of the debts, she would have to file her own BR.
Answered on Aug 21st, 2015 at 4:40 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, you cannot file bankruptcy for her debts, she or her representative or guardian would have to file bankruptcy in order to have her credit card bills discharged, that is assuming that the credit cards are in her name and you have not cosigned or guaranteed them. Clearly you need some legal advice and I would suggest that you buy a short time with an attorney, explain all the circumstances and be apprised of your rights and obligations.
Answered on Aug 20th, 2015 at 3:48 PM
No you can not do that not allowed.
Answered on Aug 20th, 2015 at 3:08 PM
Derek W. Freeman
You can only file bankruptcy for yourself, not another. If your mother has credit card bills, and if she wants to discharge those debts through bankruptcy, she should file a bankruptcy case herself. You can always help her, of course.
Answered on Aug 20th, 2015 at 3:00 PM