Legal Question in Bankruptcy in New York

Can a senior citizen declare bankruptcy on credit card depts:

I'm writing on behalf of my sister who lives in NY. Her husband signed for and got credit cards putting them in thousands of dollars in debt. He recently had a stroke and became disabled. They're on Social Security and living in low income housing. My sister just found out about the bills since he always handled them before his stroke.


Asked on 11/04/06, 9:41 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: Can a senior citizen declare bankruptcy on credit card depts:

Any US citizen can declare bankruptcy in the US based on credit card debt, even under the revised bankruptcy law.

Your sister (not you unless you are her legal guardian) should contact her local Legal Aid Society (listed in the phone book under Lawyers or Attorneys) to see if she qualifies for free/reduced cost legal help with this matter. Attorneys' fees for bankruptcy filings are often pretty pricey, and court fees are additional. An attorney working under the aegis of Legal Aid can even help her with court filing fees where a private attorney can but probably will not.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 11/05/06, 11:20 am


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