Legal Question in Bankruptcy in New Jersey
Re: Chapter 7 Question
My daughter and I spoke with a bankruptcy attorney about filing for Chapter 7 after credit card debt got out of hand and I could not pay the large monthly payments of a home equity loan or line of credit. The attorney said because my daughter applied for most of the cards in my name without my knowledge, that she would be the one to go bankrupt (for the second time) for all debt, and there was little doubt anyone would try to sue me or put a lien on my home. We asked if there was any chance that my daughter could be charged with fraud and incarcerated, and the attorney said "no". Even after leaving, we both have a fear of this...my daughter admits it was poor judgement on her part and very wrong to do so, but out of desparation when her SS benefits were abruptly stopped without reason or warning (and are now in appeals), and the sponsors for her non-profit organization stopped contributing, she could figure out no other way to pay debts and buy necessities.
Can you please tell me if this attorney is right about my daughter being safe from prosecution, and are there any cases you can cite to prove this. We are very worried.
Thank-you in advance,
O. Buchman
1 Answer from Attorneys
Re: Re: Chapter 7 Question
hi - i wonder why the other lawyer didn't suggest that you file chapter 7 in order to protect yourself, as well. i don't think that your daughter would be prosecuted, but that's up the the creditors. if you have any other questions, please feel free to call me at 609 263-0089. good luck !!
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