Legal Question in Bankruptcy in Indiana

Bankrupcy due to Elder Abuse

My mother needs to file bankrupcy because my mother has signed on at least 10 loans for my sister, which have gone unpaid. What type of bankrupcy should she file and is there anything else I can do, being her POA?

Asked on 3/26/09, 12:15 pm

2 Answers from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Bankrupcy due to Elder Abuse

I am sorry that you mother has suffered from her daughter's manipulative ensorclement. Well, maybe that's too harsh. What do I know? You and your mother should confer with a local attorney experienced in bankruptcy matters to determine if she can file a Chapter 7 and still keep her important assets. Otherwise, you may need to file a Chapter 13. You might also consider whether your mother needs to be under a conservatorship or some other protective proceeding in probate court. I suppose there is no hope of ever recovering anything from your sister. If you do file bankruptcy, be sure to list a claim against your sister as a potential asset, so you can sue her after the bankruptcy, get a judgment, and offset some of the inheritance due your sister with the judgment. Good luck.

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Answered on 3/26/09, 8:42 pm
Gregory Coleman Coleman Law Office

Re: Bankrupcy due to Elder Abuse

There is more information that is needed in order to properly answer this. You didn't state what type of loans these were. (Car, house, signature, student, etc.) There is another question that would possibly determine if your mother needs to file, what is her income? Does she work or is she on social security?

Your mother may need to file bankrtupcy, but until the details are know, it's hard to advise you properly. Another question would be why did your mother sign all those loans for her? Did she intentionally do this? Feel free to call our office for a free consultation so we can discuss the details and then the proper advise can be given.

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Answered on 3/26/09, 11:00 pm

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