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Law Girl
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Category: Bankruptcy Law
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My wife has been confined to a nursing home three ...

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My wife has been confined to a nursing home three years this month and is not mentally compediant to make decisions. During that time her daughter my step daughter has taken out 2 credit cards in her mothers name and has racked up app. $30,000 credit card debt in her mothers name. One card is in collection the other she has been trying to make the payments. Her house is in foreclosure. Saturaday I recieved a letter for my wife stating that her daughter has filed for bankruptucy. Do i need to register for this debt in the bankrupcty court when she has her hearing
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Law Girl replied 8 years ago.

DearCustomer

Thank you for your question.

If the cards are in your wife's name, then the debt cannot be discharged through the daughter's bankruptcy. The appropriate way for your wife to hold your daughter accountable for the debt would be for your wife, or your wife's guardian or conservator (if someone makes financial or legal decisions for her), to sue the daughter for the debt. However, a judgment against the daughter may be discharged in the bankruptcy. So, the lawsuit may need to wait until after bankruptcy has been discharged (as long as the cause of action is still within the statute of limitations).

Otherwise, the only other option is to report the daughter for fraud and try to get the debt out of your wife's name. This option may carry criminal consequences for the daughter. Unfortunately, once debt is amassed in one name, it is not as easy as transferring it into the name of another, especially in this context.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!

-KAT

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