QUESTION
How do I know what kind of bankrupcy my 65 yr. old mother can file?
Asked on Apr 02nd, 2012 on Bankruptcy - Missouri
More details to this question:
My mother is 65, and is on social security disability due to MS. She has spent all her retirment money just to cover her living expenses and pay her medical bills. She still as a lot of medical bills left and can not afford to pay all of them. She has been paying $50 a month to several different providers but now that her retirement money is gone, she will barely be able to pay anything and some have already turned the bills over to collections companies. My mom has a house w/ a motgage and a car that she makes payments on. She has no other assets except her personal belongings in her house.
My mom''s ss income is $1700/mo. Her mortgage is $1000, her car payment is $350, her utilities & phone are $200-$300. This leaves her barely enough to buy food and gas, let alone pay any medical bills. Is she a possible candidate for bankrupcy, and if so,what kind?
1 ANSWER
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Botelho & Associates, LLC
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your mother easily fits into a chapter 7 bankruptcy petition and even though she has a steady income I would not file chapter 13 bankruptcy in her situation. She is certainly below the median income and will surely pass the means test of chapter 7 bankruptcy petition, so this would be the way to go in her situation. You should contact a experienced bankruptcy attorney in your area and have them proceed forward for your mother.
I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq.
BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
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Answered on Apr 03rd, 2012 at 12:55 PM