Can I file bankruptcy on my mothers credit card bills? 12 Answers as of April 13, 2011

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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Benson Law Firm
Benson Law Firm | David Benson
You can address only your own obligations when filing bankruptcy. If your mother is the only person indebted to the credit card issuer, she is the only person who can discharge this debt.
Answer Applies to: Ohio
Replied: 4/13/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
It sounds like your mother is judgment proof anyway, she has no assets and any property she does have is likely exempt. No assets are available to collect upon.
Answer Applies to: Washington
Replied: 4/12/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
Have you been using your mother's credit cards as an authorized user? If so, you will be obligated to make payments on the cards. Otherwise, the credit that will be ruined is your mother's. The priority is not to pay the credit cards but to ensure that your mother is receiving the care she needs which will take all of her available funds. You can file Bankruptcy but it may not be necessary.
Answer Applies to: New Hampshire
Replied: 4/12/2011
Ferguson & Ferguson
Ferguson & Ferguson | Randy W. Ferguson
She will have to file the bankruptcy. You can't file on her bills.
Answer Applies to: Alabama
Replied: 4/11/2011
Gus Johnson Attorney at Law
Gus Johnson Attorney at Law | Gus Johnson
You can't file bankruptcy for your mother's debts, but she can .
Answer Applies to: South Dakota
Replied: 4/11/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    She can file bankruptcy with a power of attorney to you to handle her affairs
    Answer Applies to: Tennessee
    Replied: 4/11/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    No, you can not discharge other people's debts in bankruptcy. Since you mother has no money or assets then why worry about her credit card bills? Of course, your mother can file a bankruptcy case and discharge her debts if necessary.
    Answer Applies to: California
    Replied: 4/11/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    She does not need a bankruptcy. There is nothing the creditors can do to her. Simply write on the bills that she is in a nursing home. Keep a copy for your records. Send the creditors a "do not call letter" so they don't make you crazy with phone calls. Send the do not call letter certified mail, return receipt.
    Answer Applies to: California
    Replied: 4/11/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    If you are a court appointed conservator or guardian, you can file bankruptcy on her behalf. If you are not, you can utilize a provision in the bankruptcy rules known as the "Next Friend", but there are problems that can arise in these instances. You need to find an attorney who has experience dealing with this type of issue.
    Answer Applies to: California
    Replied: 4/11/2011
    California's Largest Family of Attorneys
    California's Largest Family of Attorneys | Doan Law Firm
    A valid power of attorney may allow you to file for your mother. However, you would be well served by having any POA reviewed by a local attorney. If your mother has no assets, there may be no need for a bankruptcy. Your attorney can advise you on whether your mother is judgment proof and assist you in deciding the right strategy for you.
    Answer Applies to: California
    Replied: 4/11/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    You cannot file bankruptcy on someone else's bills, only your own.
    Answer Applies to: Indiana
    Replied: 4/11/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    The question is can your mother file bankruptcy on her credit cards. Sounds like yes she can. Is she well enough to make a court appearance? Does she own anything? Maybe doing nothing works fine. when they call say, she's on social security and Medicaid, she can't pay, don't call any more. Is she really has nothing, that often works. sometimes my client pay me the first instalment of a bankruptcy payment, so then can send the calls to her bankruptcy lawyer. If everyone goes away, we never have to finish the bankruptcy.
    Answer Applies to: Virginia
    Replied: 4/11/2011
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