Legal Question in Bankruptcy in Nevada

i have 23,000 in credit card debts........i collect social security and my wife collect social security.......we do not work.......iam 72 and on oxygen and a power chair.my wife is 68.......the banks have raised interest rates and payments so that i have to spend more then i receive.....i have no savings and my car is a 10 year old ford taurus.......i had a business bankruptcy 10 years ago..........what can i do, thank you


Asked on 9/23/09, 11:32 pm

2 Answers from Attorneys

Paul Malikowski Malikowski Law Offices, Ltd.

Keep your money out of the banks to whom you owe money. Let me repeat this, slowly. Keep your money out of the banks to whom you owe money.

The rest of your assets do not appear to be at risk. Clark County Legal Services and/or Las Vegas Senior Citizens Law Project, taxpayer-supported social service entities, should be under a mandate to help you and your wife, if you ask them politely and persistently. These agencies' can be contacted as follows:

LAS VEGAS SENIOR CITIZENS LAW PROJECT

3100 W. Sahara Avenue, Suite 116

Las Vegas, NV 89102

Phone: (702) 229-6596

Fax: (702) 384-0314

TTY: (702) 386-9108

CLARK COUNTY LEGAL SERVICES

800 S. Eighth Street

Las Vegas, NV 89101

(702) 386-1070

Legal Service, Referral Service

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Answered on 9/29/09, 1:36 am

I would not recommend Bankruptcy as a solution to your financial problems for 2 reasons - 1. I don't believe you have enought debt to make bankruptcy worthwhile, and 2. If your creditors sued you, they would not be able to take your social security checks, as these benefits cannot be seized by creditors seeking to collect debts.

Paul got to answer this question first (he usually beats me to the punch) & he is absolutely right in saying that if your credit cards are with the same bank where you have your checking & savings, there is an exception that could allow the bank to drain your account to pay for a credit card debt. So don't take any chances. Speak to your bank manager about the bank's policy regarding attachment of social security checks. If you aren't having your social security checks direct deposited into your account, it would be in your best interests to make that change so that the bank will definitely know that the money in your account is from social security.

Good luck & bless you both!

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Answered on 9/29/09, 12:20 pm


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