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Ask Ellen Your Own Question
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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My mother was diagnosed with dementia and diabetes in 2002.

Customer Question

My mother was diagnosed with dementia and diabetes in 2002. She also had complete kidney failure in 2007. She had a credit card with $14k owed and no other debts. This card has not been used since 2002, the account closed when she became ill. Her credit was perfect until that time. The company has waited until now and is sueing. She only receives disability of $1100 a month and has moved in with me and my family. She does not own any property, vehicles, etc. All was sold to pay for medical bills and the credit card debt is all that remains. Her dialysis and prescriptions alone are over $600 a month. Hiring a lawyer will come out of my pocket and if she is ordered to make payments to the credit card company, this will be out of my pocket also. What are my options? Should I see about declaring bankruptcy for her or take my chances in court?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.

Your mother could file a chapter 7 bankruptcy. That would typically discharge all of her debts. However, due to her dementia, she may not have the legal capacity to file.

If you do not take any action, the creditor can obtain a judgment. However, based upon your post, your mother has no assets to execute the judgment against. This does not mean that you need to make the payments. It simply means that the creditor cannot collect his judgment.
Ellen and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.

Thank you. In your opinion, would bankruptcy or court be the best option?


I have accepted your answer.

Expert:  Ellen replied 7 years ago.

Thank you for accepting my answer.

If your mother has no assets, ignoring the action appears to be the least expensive and simplest option.

Your mother does not appear to have any assets that can be attached by the creditor. Thus it seems to be of no benefit to put your mother through the court process or for you to spend the money on a bankruptcy or court proceeding.

Best of luck.
Customer: replied 7 years ago.
Thanks again and take care.
Expert:  Ellen replied 7 years ago.
Thank you.