Q: My dad is a senior citizen who does not have any real assets and lives on his social security.
He has accumulated significant debt via credit cards and other loans via One Main Loan and Lending Club. He had a stroke this summer and has been off work and fell behind. This is how I became aware. He drowning trying to make payments. I just watched a webinar thru the National Senior Citizens Law Center and would like to pursue Chp 7 or determine if he is "judgement proof". Should we do the credit counseling right away? Do you have someone he can work with? If not can you refer us somewhere. Thanks
A: Thank you very much for contacting my office. I realize this is a challenging time for you and that you have lots of questions. It is okay to be anxious and overwhelmed; the trick is not to fight it. Instead, you are on the right track by educating yourself about options to help deal with your financial situation. I am both a lawyer and a retired law professor; as such am committed to education as a foundation for anyone considering bankruptcy. I realize that you have some specific questions, but in order for me to answer those questions, I will need some information about your current financial situation. Proper planning is often like a Rubik’s cube where many competing issues must be solved simultaneously. Issues such as: asset protection (protecting your basic necessities), creditor protection (not running up credit cards before filing), estate planning (inheritance), tax consequences (forgiveness of debt), real estate (pending foreclosure) and your future (survival after bankruptcy), while keeping my fees to a minimum (I customize fees to fit your unique situation). My goal is to help you understand your options based on your unique situation.
In order to help you understand some basics about bankruptcy please watch the 9 short videos prepared by the United States Bankruptcy Court. These videos explain some basic issues related to the bankruptcy process. After watching the videos please fill out the general questionnaire form and press “submit”; it will be sent to Jay (this will probably take 30 or so minutes, but it is very important in order for me to help you). If you have questions about the questionnaire please contact Jay at the number below or Jay@DianeDrain.com. This questionnaire form will give me a good picture of your unique circumstances. Once we receive the completed questionnaire you and I will have a free telephonic discussion; at which time I can answer your questions and give you a fee for the bankruptcy you may need. This telephone discussion can be scheduled almost any time depending on your schedule (during the workday, early evening or sometimes on the weekend).
To find the page with these links please go to our web site: www.DianeDrain.com. Click on the brown button “Free Bankruptcy Consultation”. Please bookmark that page for future reference.
In addition to the Bankruptcy Court videos mentioned above the following are some short YouTube videos that might be of some interest. Please note these are not the Court videos that we require you watch. They are some videos intended to introduce you to Diane, plus some basic processes.
• Meet Diane L. Drain. Some Suggestions on How to Hire an Attorney http://youtu.be/LN5WSvPGxJQ
• Why Do I Offer Free Legal Advice: http://youtu.be/SN8p6YzTn6c
• Arizona Exempt Property: http://youtu.be/74C2Og0aIOQ
• Chapter 7 Bankruptcy Process: http://youtu.be/UZ6mUQs57zk
• Chapter 13 Bankruptcy Process: http://youtu.be/QBt8-yOZS-k
Again, thanks for contacting my office. I am always flattered when someone has the confidence to ask me to assist them with their legal concerns and questions.
Merry Christmas and Happy New Year to you and yours!
Tim Akpinar agrees with this answer
A: Chapter 7 is likely his best bet. Check with a local practitioner who can help guide him to it.
Tim Akpinar agrees with this answer
A: A lot of people who have no assets and receive social security are Judgment proof, there is no easy way for anyone to collect the debt from them. If social security is directly deposited into an account then two months of scoial security is protected by federal law. A lot of people who are Judgment proof do end up filing Chapter 7 bankruptcy just for the peace of mind that it brings them.
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