Legal Question in Credit and Debt Law in Texas
My 80 year old father has Altzheimer and will probably have to go to a home in the next 12 to 18 months. He currently lives with my wife & I in Texas. He has somehow over th years managaged to get over $40,000 in credit card debt. With our help he has been able to keep up the minimum payments on these cards up to now. He has no assets at all, no propery, no cars, no stocks, bonds, etc., nothing. He gets a social security check of $951 per month which will go to the home in full when he is placed there. He does not have any long term care insurance and we are unable to pay for a private placement so payment for his care will be through Medicaid and his small social security check. What is the best thing to do about these huge credit card bills. It will take years to pay off by making minimum payments.
1 Answer from Attorneys
If he has no assets, then he doesn't. He could discuss the matter with a bankruptcy attorney, but at first glance, there doesn't seem to be a purpose in bankruptcy. Advise the creditors to make contact only by mail, no telephone calls. Even if the creditors sued him, their judgment cannot affect his SS check. You have no obligation to pay these debts, unless at some point you assumed a legal obligation to the creditor.