QUESTION

What is the best way to help my elderly mother file for bankruptcy?

Asked on Aug 16th, 2011 on Bankruptcy - California
More details to this question:
My mother is retired and is working a part-time job to pay old credit cards. She does not own a home and is still paying on her car. She has no IRAs or anything of the sort. Is this something simple enough to file on our own or are their bankruptcy lawyers who will take payments for their services?
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1 ANSWER

Estate Planning Attorney serving San Clemente, CA
1 Award
Dear Anonymous, I must agree with Attorney Moran. The credit card companies and banks sponsored the largest change to the bankruptcy code in years back in 2005, which made bankruptcy a complex and often confusing morass of rules. If nothing else, meet with a bankruptcy attorney - most offer a free, initial consultation, and as Ms. Moran indicated, it is likely that you can find someone willing to help her for a very reasonable fee. She may also qualify to waive the Court filing fee which saves $299, and the credit counseling course (which is nominal). Do yourself the favor of meeting with an attorney, if nothing else to pick their brain as to how the process works. Mistakes in bankruptcy can go without any consequence, all the way up to civil and criminal penalties - not something you want to mess with. Good luck. David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiadavid.gibbs@gibbslaw.com *Due to the limitations of the Lawyers.com Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."
Answered on Sep 09th, 2011 at 5:41 PM

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