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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 11646
Experience:  JD, MBA
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I was durable power of attorney for my step father and he was

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I was durable power of attorney for my step father and he was in jail and wanted me to sell his 500,000 condo and buy a new home befor he got out well it never happend I sold 130,000 of IRA stocks for the new home sent the IRS 28,000 I gave hem back alot of it and yes I did spend some of it on me and my family wife and children I was his care giver never the lest he started drinking when he got out of jail and I couldnt subject my family to it anymore because he was very cronic as bad as thay come. So I moved out in a apparment with my family and he took me to civl cort and got a judment agenst me for 200,000 because I missed the defalt hearing I was in the hospital can I file Bankrupsey on it? I also have about 65,00 in hospital bills and a nother 30,00 in other deat right now Im on disibalty and dont know what to do. Do you have any ideas?
Submitted: 5 years ago via Lunascape.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 5 years ago.
Hello and thank you for allowing me the opportunity to assist you.

Unfortunately, you cannot discharge a debt that was incurred fraudulently, such as self-dealing while having power of attorney. So a bankruptcy won't help you eliminate that debt. The hospital and other debts can likely be discharged in bankruptcy, however.

With regard to the debt owed to your step-father, if your only source of income is disability payments from Social Security, then he cannot garnish your income. If you have no other assets to use to pay that debt, then your step-father probably won't ever be repaid. If you want to get out from under that debt, then you can likely settle with your step-father since there is likely no other way that he'll be paid.

Have I satisfactorily addressed your concerns? If not, then feel free to let me know, as I will be happy to clarify my answer or help with your follow-up questions. In the meantime, please remember to click the green accept button so that I will receive credit and compensation for my time (doing so does not end our session). Positive feedback is always appreciated as well. Thank you and good luck!
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