Can my 20 year old daughter file for bankruptcy? 28 Answers as of June 20, 2011

My daughter has taken out too many loans and has a bunch of credit cards that she can’t pay and I don’t want to pay for. Can she file for bankruptcy?

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Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
Yes, age is no barrier. It's just debts v.s. income and assets v.s. liabilities.
Answer Applies to: Virginia
Replied: 6/20/2011
Daniel Hoarfrost, Attorney at Law
Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
Yes, she's an adult at 18.
Answer Applies to: Oregon
Replied: 6/17/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Yes, she can file if she passes the means test. However, she should contact a local attorney and see if BK is the best option for her. Generally, I don't recommend such a young person to file bc of the negative impact it will have on her credit so early in life.
Answer Applies to: Washington
Replied: 6/17/2011
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Yes. Any adult can file for bankruptcy.
Answer Applies to: California
Replied: 6/17/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
There is no age limit on filing bankruptcy.
Answer Applies to: California
Replied: 6/17/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
Probably, she should seek the advice of a Bankruptcy Attorney to evaluate her circumstances. Note that students loans and IRS debt is not dischargeable.
Answer Applies to: New Hampshire
Replied: 6/17/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Yes, if she has bills and needs bankruptcy relief, she can file.
Answer Applies to: Indiana
Replied: 6/17/2011
Law Office of J. Thomas Black, P.C.
Law Office of J. Thomas Black, P.C. | J. Thomas Black
Yes, so long as she has reached the age of majority, 18 in most states, she is eligible to file bankruptcy for herself without doing so by "next friend," that is, by someone that is of age.
Answer Applies to: Texas
Replied: 6/17/2011
Law Offices of John J. Ferry, Jr.
Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
Yes. Whether she should file depends on her individual situation. She should consult with a bankruptcy attorney.
Answer Applies to: Pennsylvania
Replied: 6/17/2011
Law Office of Lynnmarie A. Johnson
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
Yes, your daughter can file bankruptcy. However, she should consult a bankruptcy attorney. The amount of debt she has might seem insurmountable now, but you have to take into consideration that she cannot file another Chapter 7 bankruptcy for eight years (which is what I am assuming that she would file), which can be huge detriment when someone files the first time at such a young age. There may be other options, such as working out some kind of settlement plan, that might be a better alternative. Good luck to both of you!
Answer Applies to: Michigan
Replied: 6/17/2011
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