@Anonymous wrote:
My 78 year old father is looking at filing Chapter 7. He does not own a home, his car is paid for. He just has credit card debts that now, because his home-based business is failing, he cannot pay.
He wants me to help him file, but I am completely out of touch with the new regulations, etc. But, as I was thinking about his situation, I'm wondering if he should even bother to file?
Can they garnish Social Security payments? This is his sole source of income. I know he can just tell the creditors to cease calling if they call him, so harrassment is out. If they can't attach social security payments, they can't garnish him either. So, is there any real reason to file?
Any input would be appreciated.
I dunno. First of all, SS benefits, IIRC, are exempt in all states from garnishment (though he might have to "prove" that's where all the funds came from).
My MIL is in the same boat ($50K+ in CC debt) and when she met with a BK atty, she was told not to even bother. Her income is SS, and even if creditors take her to court, those funds are exempt, and our state (FL) doesn't allow seizure of property for unsecured debts. So her assets, such as they are, are protected.
Does he own his own home? Does his state have a Homestead Exemption?
I really don't think it would be worth the filing fee. But, as always, I'm not an atty!!
