Q: I'm 64 years old w/around $70k CC debt (mostly due to losing my job in March 2020. I need legal advice on how to get
a "judgment proof" (write off the debt) as I'm no longer in the country and have no means to return. I still use a friend's address in Walnut Creek for my social security and IRS. My wife was sick with an autoimmune disease so we had to live off CCs for the last two years). My Australian wife's father died at the end of last year and we had to come to see him. We have no income (except my small $890/month social security) and living in his home getting help from family members here. Can you direct me to someone that can help me solve this. A guy at a debt counseling company suggested I go the "judgement proof" route as he didn't think Chapter 7 is a viable option given my circumstances. Please direct me if you can. thanks, Michael
A: If you no longer live in America, filing bankruptcy in California is not an option for you.
It's a mathematical decision: you should complete the questionnaire that most firm want, and then decide from the result what you should do. Debt counseling, in my over 50 years of practice, don't want to send you through bankruptcy because that is not the way they make their money.
You don't say where you are, but if you will contact the local county bar association, they in all likelihood will have a lawyer referral service which is usually quite good. Don't use the ones who advertise on TV because they usually run a "factory". You need someone who will give you the attention you deserve
A: if you only get ss, creditors cannot collect from you, assuming you have no other assets. you would benefit from consulting with a bankruptcy attorney to go over your assets, income, and expenses. there's not enough information to give you proper specific advice.
A: Others have provided good responses for you and bankruptcy option may not be a direction to take - based on the info provided, you certainly are not eligible to file in California. Without bankruptcy, I suggest you continue to monitor what your creditors are doing, obtain a credit report so you have current information on what creditors are reporting on your credit. You may want to consult directly with a bankruptcy attorney for more details on continuing to protect yourself from creditors without filing bankruptcy.
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