Legal Question in Credit and Debt Law in California
My step father has passed away, my mother is in large amount of debt from medical expenses many put on credit cards. Some of these bills are in my step father's name only. Is there any way to get my mother absolved of those debts? (we are trying to negotiate the debts with her name on them - we are trying to avoid bankruptcy) There are no assets, and she is too young to receive his SS income, so there is no estate or insurance, or anything to pull from to pay off these debts.
2 Answers from Attorneys
What's wrong with bankruptcy? Have you at least consulted a BK lawyer?
Probably not if they were married at the time the bills were incurred. You really should see a good bankruptcy lawyer who knows how to negotiate with the creditor so she doesn't have to file BK. A lot of times if you can get all your bills together you can convince the creditors that they are going to get little or nothing if she files BK and it will also cost them more money if she does so they have an incentive to negotiate. Or at least that's how I would do it.
Sorry to hear of your loss and good luck.
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