Legal Question in Credit and Debt Law in Virginia

My now widowed mother has several 1000's of debt with home depot and other credit card issuers. She only receives social security and is essentially broke. Can they take her home or personal belongings? place lien on property? Should she declare bankruptcy?


Asked on 1/08/11, 10:41 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Regarding her home and personal property, if this property is held

only in your mother's name, it could in theory be subject to enforcement

action(s) by her creditor(s), including the placement of a lien against

her home.

However, whether her total debt is such that it would be worth it for her

to file bankruptcy cannot be reliably determined since the facts offered here are too few to allow for a proper evaluation of this issue (in my opinion).

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Answered on 1/13/11, 11:09 am
Daniel Press Chung & Press, P.C.

Your mother should certainly consult with experienced Virginia bankruptcy counsel. If she has equity in her house, it could be at risk; her personal belongings, unless particularly valuable, are probably exempt.

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Answered on 1/13/11, 11:17 am


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