Need some advice

[buffee]

I live with my mom..who went in for a very average surgery on May 20th, as of today she is still in the hospital on a Breathing machine, its messed up, malpractice, you name it....everything sucks right now
Anyway I had to apply for her to get medi-cal...her secure horizons only covered so much, of course she paid them zillions of dollars and now that she needs it, its like pounding sand. She gets 1300$ a month from Social Security, her cost for the medi-care is 678$. I am disabled thats why I am living with my mom on a VERY fixed income..now prior to my accident I had a VERY HIGH PAYING JOB...so I have credit card debt, a newer car etc.....My mom took care of the rent...and misc. I paid all the utilities...and shared in food, our cat care etc..now with this share of cost....I am going to feel a REAL PINCH.
My actual question is on my debt(credit card is about 25,000) I do not want to lose my car which I am still paying on. Can I make a deal with the bank that owns the title that I will still pay them?? And I see from reading other threads...just to QUIT paying the credit cards and they will eventually just sending me offers to pay them off???? All of this is mind boggling right now....any info is greatly appreciated. I am in California
Also three of the credit cards are in BOTH my name & my moms.....I do have POWER OF ATTORNEY since my mom is on life support & unable to speak or understand..right now.

[JRScott]

Is the credit card as the same bank as the car loan?

[justplaintired]

I am not sure, but can the cc even come after you're disability? I think they can come after the secured stuff, but unsecured? I thought disability wasn't able to be garnished. However since the car is secured, they can repose the car. I would check into this. Are you on permanent disability, if so, you may be ok on the cc to stop paying, but I am not an attorney, so double check.

Wish you well and your Mom also. Even if you do find the necessity to file, don't do anything until you start getting medical bills, they will most likely be high and include them in a BK (Mom).

Good luck

[Flamingo]

Also three of the credit cards are in BOTH my name & my moms.....I do have POWER OF ATTORNEY since my mom is on life support & unable to speak or understand..right now.

You have a bit of a complicated situation and need some good legal advice. I highly suggest you call and get a consultation with an elder care / estate lawyer who can guide you as to what your options are in this scenario since you are joint with your mother on these cards and possibly other things. Since you are on disability, I would call your state services office and seek a legal aid attorney if that is possible. A consultation with a regular attorney usually runs about $75 and up (mention you are on disability when you call) but it can save you big bucks in the long run as you are going to run into some complicated stuff in the next several weeks/months.

[AngelinaCatHub]

I am not sure, but can the cc even come after you're disability? I think they can come after the secured stuff, but unsecured? I thought disability wasn't able to be garnished. However since the car is secured, they can repose the car. I would check into this. Are you on permanent disability, if so, you may be ok on the cc to stop paying, but I am not an attorney, so double check.

Wish you well and your Mom also. Even if you do find the necessity to file, don't do anything until you start getting medical bills, they will most likely be high and include them in a BK (Mom).

Good luck

I'm so sorry to hear of Mom. 'When it rains, it pours'. JPT is right about the medical bills. SS cannot be touched either. Disability or any insurance proceeds are protected. I would attempt to get Medicaid as I don't think there is a cost. It is emergency medical for those who are indigent and is US Government not California. I don't know a thing about California and the premium seems outrageous.

If your answers are affirmative to what JPT asked, yes you are a candidate for bk. Read the "stickies" on the front of the Chapter 7 forum and DO NOT negotiate with any CC's as that will damage your bk if you file.

Is your P.O.A. a Durable Power of Attorney? This gives you complete authority over your Mother's matters, even if she is not consciously aware. If it is a regular P.O.A. it is only valid if she is coherent. If she passes "God forbid", either P.O.A. is null and void. Are you the only child? Does she have a will? Reason I'm asking these difficult questions is that my brother is terminally ill, and I am facing these things.

We pray for both of you, and a full recovery for Mom. I hope you do not have to face a difficult decision. 'Hub and Mrs. C

[buffee]

Yes it is Durable Power of Attorney. I have another 3 years to pay on my car because I just re-financed it 6 months ago, so I am paying a very low % and my payments are very acceptable...so I will want to make a deal with the bank to keep paying on it(I know for a fact THEY DO NOT WANT THE CAR BACK) I have NO other dealings with this bank. My other credit cards are many....but there are 2 department store like cards that are in my moms name & my name & one HUGE credit card debt in her name & my name.....the rest our mine only
The only thing we own jointly is a mobilehome and that was paid off years ago.
I am on permanant partial disability right now..its a long stopry but I got injured 9/24/04 on the job.....have perm nerve damamge in both hands and left shoulder eventually this will go to court AFTER I have been P & S by my doctors which I still go to 3 of them currently. Yes it is complicated. If I do decide to do a BK....I would have to do TWO??? One in my mom's name & my name???? I do have a lawyer...but hes not a BK one.....