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Guiding elder parent through possible Chp 7

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    Guiding elder parent through possible Chp 7

    My father is 72 y/o. He has since remarried since my mother's passing 13 yrs ago. He is still working part time as is his wife. This past year, he relied on c/c's to sustain. He racked up over 40k in c/c debt. Attempted to do a home equity loan (65k) to pull himself out (home value 120k / mortgage balance = 14k). He applied this past June, 09, was "pre-approved" and began waiting for guidance to close. Unfortunately, he faced the hassle of "clearing the title" to his home since nothing was ever changed after my mother's death. This would normally not have taken as long if it was not for also dealing with my brother's death 7 years ago. My brother had been married/divorced 3 times with 6 children. Attempting to clear everyone's interest off the title became an undertaking......fortunately, ALL were on board for my dad. At the 11th hour, the lender declined his application due to title delays. It was 6 mos of waiting gone down the tubes. My father was hoping to have everything finished by now. He is now contemplating filing chapter 7. His creditors are tormenting him & he is at his wits end. Should he try to apply again once his title is "cleared"? OR go ahead and file chp 7. If he files, will he be able to keep his home & his 2 vehicles? Will he be able to do a home equity loan AFTER chp. 7 ?

    #2
    I would try to get the title cleared. However, he may be judgement proof. What does he receive as income? The problem is he has allot of equity in his house and they may want him to sell the home. I hope some more experienced people chime in on this one.

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      #3
      What state does your father live in and have you checked his exemptions?
      Filed CH 7 9/30/2008
      Discharged Jan 5, 2009! Closed Jan 18, 2009

      I am not an attorney. None of my advice is legal advice in any way..

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        #4
        My father's income is approximately $2500 / month including Social Security.

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          #5
          He lives in Texas.

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            #6
            Oh that's really great - Texas has an unlimited homestead exemption! check here for details: http://www.legalconsumer.com/bankrup...law.php?&ST=TX

            That title issue really helped him because moving the unsecured debt to secured debt is one of the worst things you can do. This way he can keep his house and dump the unsecured debt and hopefully budget to live on the SS income.

            He probably needs to speak to an attorney anyway to get the best information, but Texas is one of the best states for filing BK. They are consumer friendly.
            Filed CH 7 9/30/2008
            Discharged Jan 5, 2009! Closed Jan 18, 2009

            I am not an attorney. None of my advice is legal advice in any way..

            Comment


              #7
              LOL.. I was secretly hoping he lived in Texas..

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                #8
                Thank you so much for the advise.....I will secure an attorney for him today.

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