I am 85 years old with only a very small social security income. I have some high credit card debt that I will never be able to pay. Some accounts have already been turned over to attorneys and/or collection agencies, although none of them have yet contacted me. Should I just go ahead and file for bankruptcy?
1 Answer from Attorneys
I encourage you to meet with a local bankruptcy attorney to review your asset situation and advise you whether there is any need to file bankruptcy. It may be that there is not any cause for concern since creditors cannot garnish your social security earnings and, if assets are limited (e.g., no equity in a home, no substantial savings), then access to your assets may be limited as well. That said, I often find that seniors benefit from bankruptcy for the peace of mind it brings, even where there is no risk of anything being taken. Even if ultimately they will not receive anything, creditors may file lawsuits, file post-judgment proceedings at which defendants must appear, seek garnishments (to which defendants must file claims for exemption), ... Often, the avoidance of the headaches is deemed worth the expense. You cannot fully understanding the pros and cons without a consultation with a well-recommended attorney.