Can I file bankruptcy on my mother's credit card bills? How? 15 Answers as of August 24, 2015

My mother lived with me and has no assets. She is going into a nursing home on Medicaid. What do I do when her credit card bills come in? Can I file bankruptcy?

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GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Your mother is judgment proof. Not necessary to file anything. Creditors can not get anything from her.
Answer Applies to: Colorado
Replied: 8/24/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
You cannot include someone elses debts in your bankruptcy. Even if you are a co-signer on the account, your bankruptcy will only discharge the debt as to you, and will not eliminate the debt as to your mother. Depending on the circumstances, your mother may not need to file bankruptcy in order to avoid paying the credit card debts. More information would be useful.
Answer Applies to: Nevada
Replied: 8/21/2015
Charles Schneider, P.C.
Charles Schneider, P.C. | Charles J. Schneider
Not on her debt.
Answer Applies to: Michigan
Replied: 8/21/2015
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
If they are not your bills you need not pay them. If your mother is unable to pay them and she has no assets then there is no need to do anything. You can advise the creditors that she has no assets and is in a nursing home.
Answer Applies to: Nevada
Replied: 8/21/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
She can file bankruptcy and she would have to go to court for one appearance.
Answer Applies to: New York
Replied: 8/21/2015
    Ronald K. Nims LLC | Ronald K. Nims
    Does your mother have any assets or income that she is protecting? If not bankruptcy will serve no purpose. However, if she does have something to protect, you can file her bankruptcy if she is incompetent.
    Answer Applies to: Ohio
    Replied: 8/21/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    You certainly can list your mother's debts as contingent liabilities if there is any chance the creditors will look to you for payment. But that does not let your mother off the hook. To be relieved of the debts, she would have to file her own BR.
    Answer Applies to: Wisconsin
    Replied: 8/21/2015
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    There are ways to help others file but it sounds like your mom might be judgment proof. Please go see a knowledgeable local bankruptcy attorney for advice based on your mom's specific circumstances and needs.
    Answer Applies to: California
    Replied: 8/20/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    She is judgement proof. She doesn't need to do anything. Send them a certified letter telling the creditors so.
    Answer Applies to: California
    Replied: 8/20/2015
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    She needs to file.
    Answer Applies to: Florida
    Replied: 8/20/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    No, you cannot file bankruptcy for her debts, she or her representative or guardian would have to file bankruptcy in order to have her credit card bills discharged, that is assuming that the credit cards are in her name and you have not cosigned or guaranteed them. Clearly you need some legal advice and I would suggest that you buy a short time with an attorney, explain all the circumstances and be apprised of your rights and obligations.
    Answer Applies to: Michigan
    Replied: 8/20/2015
    Danville Law Group | Scott Jordan
    You can file bankruptcy for her if you have a Power of Attorney that allows you to take such action. But, why do that. You state she has not assets, which implies that even if a creditor were to obtain a judgment, they have no way of collecting. As long as you are not on any of the accounts, you are not personally responsible for your mother's debts, regardless of what the collection companies will say.
    Answer Applies to: California
    Replied: 8/20/2015
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    No you can not do that not allowed.
    Answer Applies to: New York
    Replied: 8/20/2015
    Freeman Law Group, LLC
    Freeman Law Group, LLC | Derek Freeman
    You can only file bankruptcy for yourself, not another. If your mother has credit card bills, and if she wants to discharge those debts through bankruptcy, she should file a bankruptcy case herself. You can always help her, of course.
    Answer Applies to: Colorado
    Replied: 8/20/2015
    D.J. Rausa, Attorney at Law | D.J. Rausa
    She needs to file a bankruptcy. You cannot file one for her. She would have to fully participate in the process.
    Answer Applies to: California
    Replied: 8/20/2015
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