Legal Question in Bankruptcy in Georgia

Do I really Need to file Bankruptcy?

Hi my question is similar to the woman who was asking if the creditor could take her mothers house. Except my mother recently bought her house ( 2 years ago ) therefore it is owned by the bank not my mother. She has never missed a payment on the house. Her only possession is a 91 car that is no longer driven. She receives both retirement and social security but after bills and medication that is almost nothing left I have to pay for her groceries. I am also the POA but the collector (owed 15000) insists on dealing with my mother who can�t even remember her birthday after the stroke. the collectors have threatened to take the house. The house is not in my name but coworkers have advised me not to file bankruptcy, since my mother is nursing home bound, but to have the property transferred into my name before the collector sues. Is that legal? In your opinion what should I do?

Thanks


Asked on 7/13/06, 12:45 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Do I really Need to file Bankruptcy?

You probably need to consult with elder law attorney to go over the entire plan, including dealing with creditors, nursing homes, POA's, etc. They will also advise you on what you can and can't do with respect to transfers of property (yes, transfers to you to avoid creditors or to qualify for assistance may be a big screw-up). Revuew the entire situation. With respect to the one creditor you mention, they can't take her house (and it is her house of she is the record owner) without a lawsuit and judgment so you do not necessarily need to be alarmed by phone calls. Just don't talk to them for now.

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Answered on 7/13/06, 12:51 pm


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