Legal Question in Bankruptcy in Massachusetts

I need advice for my parent's. There 80yrs old & worked up til last yr.(employer closed)so there only income is SS. & the credit card Co's are killing them. They have a home(with a reverse morgage) & struggle just to pay house exp's. They alway's had great credit & the card co's kept raising there limit's plus % rates. They just can't pay them. My ? is, should I make them file for bankrucy? & what would you suggest? There's no way there able to pay off there credit card's. they have no assets',no pension..


Asked on 12/13/13, 5:05 pm

2 Answers from Attorneys
David Baker Law Office of David Baker

Considering their age and source of income, they are probably what we could call "judgment proof". That is, a creditor could probably get a judgment, but would never be able to collect. On the other hand, a bankruptcy case would stop creditors from harassing them. This is an unfortunate but fairly common situation. Consult an experienced bankruptcy lawyer; do NOT file a bankruptcy case without one because a mistake could have devastating consequences!

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Answered on 12/13/13, 8:30 pm
Steven Hemingway Grolman LLP

Attorney Baker is correct: do NOT file bankruptcy without an experienced bankruptcy lawyer!

That having been said, consultations are free. It is best for the three of you to meet with a bankruptcy attorney who can tell you if bankruptcy is right for them. You can visit Bankruptcy Lawyer in Boston to schedule an appointment.

The sooner you consult, the better. There are usually some preparatory steps to consider before you file, so you should meet asap to get information.

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Answered on 12/17/13, 8:09 am


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