Legal Question in Credit and Debt Law in Michigan

credit card collectors

Hi, My mom has fallen way behind on her credit cards due to the fact that she was being treated for brain cancer for the last year. She had to retire form work, owes on a mortgage and car loan, has a pension and IRA, and ss disability. but it is all barely enough to pay for her cost of living with her full time caregivers, med bills, regular bills, etc. Now her CC card company's, Sears, in particular, are coming after her hard and threatening to take force. My sister and I are her POA's and trying to keep her afloat, but don't know what to do. Should we claim bankruptcy cause we certainly cannot afford to pay in full? Can they sue her? They won't even talk reducing payment or payment options. She has a very devastating disease, Primary CNS Lymphoma, and it is not clear what her future holds, so we can't risk clearing out her IRA to pay debts as we may need it for her care. Currently she has around the clock caregivers because she is not fully capable of caring for herself. And that is very costly. please advise. Please let me know what the worst these creditors can do? And if filing bankruptcy is a good idea, how long should we wait? Not so concerned about her credit anymore, just her home and savings. thank you


Asked on 7/30/08, 8:39 pm

2 Answers from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: credit card collectors

I strongly suggest you talk to a bankruptcy lawyer, as this seems to be the best option based on what you've said so far. Her SS, pension and IRA are likely protected and she would not lose these in the bankruptcy. However, there are several factors that must be looked at when evaluating a client for bankruptcy, to determine what they are eliglible for, etc.

Please contact me should you decide to pursue a bankruptcy.

The timing of the bankruptcy is also something a lawyer can better assess after knowing all of the facts.

Thanks.

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Answered on 8/01/08, 11:39 pm
Timothy Klisz Klisz Law Office, PLLC

Re: credit card collectors

There is much you can do without bankruptcy. You just need a good collection attorney to fight them back "with force" as you call it. Please contact me at www/kliszlaw.com for a free phone consultation on this matter. Tim Klisz

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Answered on 7/30/08, 9:23 pm


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