Legal Question in Bankruptcy in California


My father recently had a stroke and now is unable to work. He has a lot of debit and will not be able to pay it back for several years on SSI. Do you think bankrupcy is the best way to go?

Asked on 1/16/08, 9:31 pm

3 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh
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Re: Bankrupcy

Yes...if those are credit card debts.

Sudent loans, overdue tax, child supports normally cannot be discharged through bankruptcy.

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Answered on 1/16/08, 9:44 pm
Robert F. Cohen Law Office of Robert F. Cohen
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Re: Bankrupcy

Depending on your father's age and whether he ever goes back to work, whether he owns property, etc., he might be judgment proof. Is the SSI for disability? If so, bill collectors would have a hard time collecting. But they could get very annoying! If he wants to avoid the aggravation, it might be a good option.

The court has a fee waiver program depending on income, expenses, and other criteria.

Would he be able to attend one bankruptcy hearing in Sacramento?

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Answered on 1/18/08, 1:29 pm
Allen Farshi Law Office of Allen Farshi
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Re: Bankrupcy

Assuming your dad was on SSI at the time he was applying for these credit cards, (assuming his debt consists primarily of credit cards) he may have a potential fraud problem.

Call me if you need more information.

Good luck

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Answered on 1/21/08, 2:00 am

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