Legal Question in Bankruptcy in New York

Credit Card Debt

My son has been coerced into getting credit cards in college. The problem now is he's up to his neck in debt at 22 years old. My question is if he files bankrupcy will this protect him from these shark credit companies.


Asked on 11/02/07, 12:15 pm

2 Answers from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: Credit Card Debt

Yours is a tale I've heard before -- many times. It's sad when that happens, but it teaches a sharp lesson early on, so it may actually be a blessing in disguise.

Bankruptcy is a "fresh start" for an honest debtor. It puts in place a permanent cease-and-desist order against any and all collection activity by any properly listed creditor. If the "shark" credit card companies are among the properly listed creditors, they will be enjoined -- that is, prevented by court order -- forevermore from pursuing collections activity against debt that was listed and discharged.

Bankruptcy does not protect against future solicitations from "shark" credit card companies.

If it appears that bankruptcy is the way for your son to go, please have him contact my office to set up an appointment; I'd be happy to help him through this.

I do need to clear one point up before you hire an attorney. Your son is over 18. He is a legal adult (scary thought, that, isn't it?) and is therefore entitled to the same attorney-client privilege as any other legal adult. Thus, no attorney will be able to discuss your son's matter with you unless your son gives his written permission for the attorney to do so. This is true even if you, Parent, are the source of your son's attorneys' fees and court costs.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Read more
Answered on 11/02/07, 1:25 pm
Jacob Silver Attorney At Law

Re: Credit Card Debt

Yes Get Rid of His Debt.

See My website for more Information and a Free consultation.

Fight Back against Creditor Abuse.

Jacob

http://www.silverbankruptcy.com

Jacob Silver

Attorney At Law

26 Court Street

Suite 2511

Brooklyn, NY 11242

[email protected]

http://www.silverbankruptcy.com

Read more
Answered on 11/02/07, 4:20 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in New York