Hello, I hope someone out there can provide some knowledge about this complicated matter. My mother is 62 and is suffering from Huntington Disease. She works part time and just sold her house. She is 18k in debt and has already filed for bankruptcy in 2001. I have instructed her to not pay the bills anymore. Hopefully, not paying will induce a negotiation with creditors for a debt settlement. Any advice? She has no assets and doesn't need a good credit score. Can she file for bankruptcy again? What are other options? Help is much appreciated! Thank you.
Was there any money from the sale of the house?she can file a chapter 13 which would workout a payment with the creditors.she can write a hardship letter to her creditors to explain she can no longer pay her bills,tp work out lower payments.have they started collections yet?there's a lot that can be done.tell her not to worry,we've all been through this
My sister was co-owner of the home. So the money left over has gone to her to pay for expenses. She has stopped payments as of yesterday, so we have a couple of months before collectors come searching for the money. Should we write a letter to them now? Or wait until they come calling. What is Chapter 13?
It's a bankrupcty that work's out a plan to repay creditors.Now if the house just sold half the money would be included in a bankrupcty,and they will come looking for it.it has to be reported.do not try to hide it if she file's bk13,the judge will find it.your best advise find an attorney to protect her interest,thats the advise i can give you.
There may be a time limit before you can file bankruptcy again, but I'm not sure. If she has no assets, there's really no reason to file bankruptcy. She has nothing to protect. Just don't answer the phone when they call, and don't make any payment agreements with them until you're ready to settle and get a deal you can live with.
she can file a chapter 13,even if your still in chapter 7,it's to protect you from them it would also work out a payment plan of course if there's little money i'm not sure about part.
There is a 7 year period in which she can not file bankruptcy in the same bankruptcy court for the same case. She can file either if has been past 7 years, it's up to the judge to grant or dismiss the case. Telling her to stop paying all the bills is the most irresponsible thing to do, regardless if she has money or doesn't. Why dont either of you contact everyone she owes and explain the situtation and work something out.
if you work for a law firm then you would know that chap 13 is different then 7 yes i had a collection agency/lawfirm tell me the samething,the chap 13 was accepted in the same court same judge same court reporter within the 7 year time frame you can't file 2 chap 7's in less than 7,
I didn't say they weren't different, I just said there is a 7 year stay before you can file the same bankruptcy in the same jurisdiction.
I think the best interest of mom has to be foremost,She need's to see an attorney.no she might not need a good credit score,however if she applies for an apartment or other thing's it will become important.stop and think she has an illness now who will help her?5 years down the road?you have to think of that,
