Legal Question in Bankruptcy in Maryland

Re: Mother Considering Filing Bankruptcy

First off, she cannot be put in jail, unless she breaks the law and / or does not follow a court order.

As for the debt, a Chapter 7 may be appropriate, however, each case is unique and may be handled differently.

I would be happy to discuss this matter further. Please contact my office for a free consultation.

Re: Mother Considering Filing Bankruptcy

The statute of limitations in Maryland is three years. Although your inquiry did not say so, I am assuming that the credit card has not been used in more than three years. In that case, if your mother is sued for the money claimed by the credit card company, she could assert limitations as a defense to the claim -- unless the credit card agreement provides that the law of a state other than Maryland (one that has a different statute of limitations) applies.

If you have any questions, please feel free to contact me.

Richard S. Stolker

301-294-9500

[email protected]

Re: Mother Considering Filing Bankruptcy

Collectibility is questionable. A lien cannot be placed upon social security payments. Criminal charges are doubtful.

My answer is based upon the limited factual matter described in your question. Should you require legal service you should contact an attorney. This is general information about the law and should not be construed as legal advice. Contact an attorney.