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Newbie - 100k CC Debt - Multiple Questions! Unique situation.

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    Newbie - 100k CC Debt - Multiple Questions! Unique situation.

    Ok, I'll try to give Cliff Notes from the beginning of this nightmare, which will still be long, unfortunately!

    When I was 14 I was in an accident that required some reconstructive surgery. When I was 18, I wasn't happy with the outcome and decided to have the surgery revised. Of course, at that time, I didn't have any credit history, so my Grandmother put the surgery on her credit card. That one surgery led to yet ANOTHER revision at 21 and ANOTHER at 24 (I'm 25 now).

    There is now a total of 100K in CC debt under my Grandmother's name, that is MINE. [/B]I've been the one making all of the payments on the CC's, of course, as it should be, as it's my debt. There are absolutely NO lates, etc., but the minimums on the cards are now at a point that it's getting difficult to maintain.

    My Grandmother suggested about a week or so ago that she file Bankruptcy. I would have of course filed a LONG time ago if it was under MY name, but it's not. I feel absolutely horrible, as you can imagine, but I feel like it's my only option at this point. If she didn't want to file, I would get as many jobs as needed to make at least the minimums on the CC's, which are now around 2k/month. She has no debt, other than mine - Other than an 8k personal loan she is a co-signer on for another relative. Her car is paid off (It's a 2003 Buick Century) and she lives in a Senior Citizen Mobile Home Park - The Mobile home is paid for - but I'm sure it's not worth month.

    My questions are ...

    1. When she does decide to file and goes to the 341 meeting, will it matter that she hasn't paid any of the bills out of her checking account? When the Trustee looks over the Bank Statements - they'll see NO payments made out of the account.

    2. She lives off of SS and a couple of my Grandfathers pensions, who is now deceased. She makes under the median income - All of that should be exempt, correct?

    3. She lives in WA State and I live in TX. All of the bills come to my house here in TX. She does come out here for the winter months occasionally --- Since her primary residence is in WA State, but she stays here as well, can she file in TX. She doesn't want to in WA as that's where all of family is from and she's concerned with it showing the paper (They list personal bankruptcy's in the local paper in the town were from in WA).

    4. She has a CD with about 10k in it. I realize this would probably NOT be exempt --- Before she files, is there a way to pay a debt that is co-owned with the CD money, without showing 'favoritism' to the creditor? She would only do this as to not affect the co-owner on the account. This was again for a relative that makes the payments to her.

    Thanks! And sorry for the rambling!

    #2
    Not to add to the guilt but I have to say, you have an incredible grandmother.

    With so many variables, I personally think it's best to seek the advice of a number of lawyers in WA to begin with.
    My comments are solely based on my opinion. The information and links that I have
    posted are provided solely for informational purposes, and do not constitute legal advice

    Comment


      #3
      It makes no difference where the bills are sent or who pays them. She is the one responsible for the debt . It'll be no issue in the bk.
      She'll need to file in Wa.
      If bk is on the horizon, she should make no move to pay a debt for an insider with that CD. The trustee could sue that person for the return of the funds.
      While her income is exempt for means testing purposes, the real question is, does she have sufficent disposable income to fund a 13. Given her circumstances, probably not but she'll still have to fill out schedules I and J to be sure.
      Here's a link that will help.



      Shabam is correct. SHe needs to see a few bk lawyers in Wa. Most give free orlowcost initial consultations.

      Comment


        #4
        Another reason to see an experienced BK lawyer is that there are a number of points that could raise a number of red flags for the trustee or UST. If they pick your grandma for a random audit, there is a good chance the UST will ask for a number of years of documents.

        I highly recommend you find a good lawyer specializing in bk in WA, not one that is a high volume bk mill, and explain everything to them.
        My comments are solely based on my opinion. The information and links that I have
        posted are provided solely for informational purposes, and do not constitute legal advice

        Comment


          #5
          Keepmine is accurate. Also you have a wonderful grandma. That being said, I can say no more other than you are most fortunate. If you tell your story to the 341 Trustee, I doubt that he will hit her too hard. I wish you good fortune and you have a wonderful Grand Mother. 'Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

          Comment


            #6
            Originally posted by AngelinaCatHub View Post
            Keepmine is accurate. Also you have a wonderful grandma. That being said, I can say no more other than you are most fortunate. If you tell your story to the 341 Trustee, I doubt that he will hit her too hard. I wish you good fortune and you have a wonderful Grand Mother. 'Hub
            Yep exactly. The key is to ensure grandpa comes through this with the least amount of damage as possible. Something a great attorney can help with.
            My comments are solely based on my opinion. The information and links that I have
            posted are provided solely for informational purposes, and do not constitute legal advice

            Comment


              #7
              Originally posted by rmjgc View Post
              Ok, I'll try to give Cliff Notes from the beginning of this nightmare, which will still be long, unfortunately!

              When I was 14 I was in an accident that required some reconstructive surgery. When I was 18, I wasn't happy with the outcome and decided to have the surgery revised. Of course, at that time, I didn't have any credit history, so my Grandmother put the surgery on her credit card. That one surgery led to yet ANOTHER revision at 21 and ANOTHER at 24 (I'm 25 now).

              There is now a total of 100K in CC debt under my Grandmother's name, that is MINE. I've been the one making all of the payments on the CC's, of course, as it should be, as it's my debt. There are absolutely NO lates, etc., but the minimums on the cards are now at a point that it's getting difficult to maintain.

              My Grandmother suggested about a week or so ago that she file Bankruptcy. I would have of course filed a LONG time ago if it was under MY name, but it's not. I feel absolutely horrible, as you can imagine, but I feel like it's my only option at this point. If she didn't want to file, I would get as many jobs as needed to make at least the minimums on the CC's, which are now around 2k/month. She has no debt, other than mine - Other than an 8k personal loan she is a co-signer on for another relative. Her car is paid off (It's a 2003 Buick Century) and she lives in a Senior Citizen Mobile Home Park - The Mobile home is paid for - but I'm sure it's not worth month.
              I think getting a second job is the way to go. Why put Grandma through the bk process?
              Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

              Comment


                #8
                Sounds like your grandma is pretty judgement proof. If so, she might just be able to ride this out until the sol runs out. Sometimes the best thing to do is ignore it.

                Talk to the bk attorneys and see what advice they can give.
                All information contained in this post is for informational and amusement purposes only.
                Bankruptcy is a process, not an event.......

                Comment


                  #9
                  I agree with Ohiofiler. You stated you would get a second job or whatever it takes, so do what you need to do to protect your grandma.

                  Comment


                    #10
                    Originally posted by rmjgc View Post

                    There is now a total of 100K in CC debt under my Grandmother's name, that is MINE.
                    Important info. How old is your Grandmother?
                    Does she own a house, or any property, a lien can be placed against?

                    If not, she may be judgment proof. If so, she might be able to simply ignore them, and nothing will be listed in the local papers.

                    If you're/she is in Western Wa, PM me. I know a great Attorney.
                    No Asset 7 closed 11/09

                    Comment


                      #11
                      Originally posted by Chowder View Post
                      Important info. How old is your Grandmother?
                      Does she own a house, or any property, a lien can be placed against?

                      If not, she may be judgment proof. If so, she might be able to simply ignore them, and nothing will be listed in the local papers.

                      If you're/she is in Western Wa, PM me. I know a great Attorney.
                      check WA exemptions as well. She'll need to exempt the mobile home ( my grandparents live in one here- and they paid about 65k cash for it) so it may be worth more than you think. She'll also need to exempt in money including CD's and paid off cars, anything of value- collectables, antiques, art, etc.

                      You'll need to either get this information from her- or have her speak to an attorney to make sure all the right questions are asked.

                      As far as being judgement proof- it doesn't sound like her income could be garnished; but most states still allow liens on houses. So if she does nothing- that may be what will happen.

                      I suggest you both going to an attorney.

                      Good luck
                      Filed Pro Se: 10/16/2009
                      341 Scheduled: 11/23/2009
                      Last Day for Objections: 1/22/2010
                      Discharged: 1/28/2010

                      Comment


                        #12
                        Originally posted by hereforinfo View Post
                        I agree with Ohiofiler. You stated you would get a second job or whatever it takes, so do what you need to do to protect your grandma.
                        Yet another person who thinks you should do whatever it takes to keep grandma from going through a BK. Your grandma sounds absolutely wonderful! Do what ever it takes to get that debt paid.

                        I, too, think grandma sounds like she's judgment proof. I would investigate more into that route as it's better then sending her thru a BK that may end up taking everything she has Stopping the payment all together might be a better way to go. But if it's not, then do what you must to keep paying it and avoid BK.

                        Good luck to you
                        Filed 8/2009
                        Discharged & Closed 11/2009
                        Now the rebuilding begins....

                        Comment


                          #13
                          I would think working 2 jobs or sidejobs is the way to go also, to protect your grandmother. As for one, she is facing bk because of your medical bills. She is a very sweet lady and she is worth working extra to pay that bill....

                          Either route you go, good luck to you and her. It'll work out however you decide.
                          Don't take my word for it, I'm just sayin'

                          Comment

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