My mothers CC......my debt....

[dizzienc]

Hello all,

I posted my original post under collections:' I have 4 CC in my mothers name'

if you need to read it from the start.

My question is:

My mother is 73 and draws SS. She is married and everything is in her husbands name as far a assets. They have seperate bank accounts. She averages having about $300 at the most in her checking. No savings.

What would happen if she filed bank ruptcy...not sure which one would be best 7 & or 13? If she can file bankruptcy and it is 13 I intend to pay the payments. It is my debt.

And please...answers to questions only, I have been thru the thrashing of what I done is wrong from others on this site. Please understand that I take full responsibility for my actions and I am here to learn how to better myself and to fix my mess I caused. Thanks in advance,

dizzienc

[breathing_easier]

You can link other threads into a post by simply copying and pasting from the URL window. Here's the one to which you refer:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=259441

The trustee will look at all your mother's assets, not just her checkings and savings, when determining if she qualifies for Chapter 7 or 13.

[dizzienc]

That is just it.......she has absolutly no assets. So how would that work in filing br.

dizzienc

[breathing_easier]

Do she and her husband own their home jointly? Does she collect a pension?

If she truly has no assets then she would file for Chapter 7.

[dizzienc]

She only draws SS and it is less than $300 a month.

She married her husband 13yrs ago. He is 78. EVERYTHING is in his name only.

They have seperate bank accounts. Moms is never above $300. His, even she doesn't know but were sure it is a good chunk, but to my understanding OC or CA cannot touch him since his name is not on any of the cards.

dizzienc

[LadynRed]

In ANY bankruptcy, HOUSEHOLD income is considered, so her husband's income, whatever that might be, would be calculated in for her bankruptcy. If he is also on SS or a protected retirement/pension income, then she would very likely still be below the state minimum and qualify for a Ch 7.

[LNY]

Lady, I was also wondering if the OCs might object to the BK being filed by the mother even though all the debts were incurred not by her, but by her daughter (I'm assuming an AU). Or won't they care?

[breathing_easier]

Lady, I was also wondering if the OCs might object to the BK being filed by the mother even though all the debts were incurred not by her, but by her daughter (I'm assuming an AU). Or won't they care?

The whole story is in the thread link above. I believe the charges were made under the mother's name.

[LNY]

The whole story is in the thread link above. I believe the charges were made under the mother's name.

I didn't re-read the original thread (I had read it when it started). I just remembered the OP had run up her mom's cards. I'll go read it again.

OK, dizzie... can you please explain exactly how you have been using your mother's cards? Have you been sort of "pretending" to be her (with her knowledge and consent, of course)? Or did she make you an authorized or joint user on her accounts?

[dizzienc]

I was thinking the same thing.

If they did dispute it, and prove that it was me that made the charges then can they make me responscible for the balance owed? Actually, I wish they would do that......it would take it off my mother.

dizzienc

[LNY]

I was thinking the same thing.

If they did dispute it, and prove that it was me that made the charges then can they make me responscible for the balance owed? Actually, I wish they would do that......it would take it off my mother.

dizzienc

How did you use the cards? By pretending to be her, or as an authorized user?

[dizzienc]

She initially in the begining gave me permission to use the first CC, then I took it upon myself to transfer the amount to a 0% card, thought I was doing a better good thing. And it goes on from there and ends up with 4 CC's.

dizzienc

[LNY]

She initially in the begining gave me permission to use the first CC, then I took it upon myself to transfer the amount to a 0% card, thought I was doing a better good thing. And it goes on from there and ends up with 4 CC's.

dizzienc

Dizzie, whose name is on the cards? Whose signature? Do the cards all bear her name, and your version of her signature?

[dizzienc]

Only her name is on all the cards and I signed her name when I made the transfers. I told her about it the first time I done it and she agreed for me to go ahead with it...so when I got another 0% offer in her name I would just do the same thing again.

dizzienc

[LNY]

OK. Lady, will this matter? Do you think the mother would be well-advised to sit there with a lawyer and at a 341 and pretend she ran up these debts? In other words, lie about everything?

[breathing_easier]

Only her name is on all the cards and I signed her name when I made the transfers. I told her about it the first time I did it and she agreed for me to go ahead with it...so when I got another 0% offer in her name I would just do the same thing again.

And whenever you used the first and then subsequent cards you pretended you were her when making the charges? In other words, you were not an official authorized user?

[dizzienc]

That's right.

[LadynRed]

Mother won't have to lie about anything. As far as the creditors are concerned, the ONLY person legally liable for these debts is the mother. AU's are not legally liable for the accounts, only the account holder. Why an OC would object I don't know.. they have no way of knowing who ran up the debts, just that the cards are in the mother's name. While they could try to go after an AU, they probably wouldn't bother.

The Trustee's don't ask you details about any given debt - your name is on the account, they assume it's yours ! I don't see any Trustee asking if Mom ran up the debts herself. They ask standard questions. They pry into income to see if there's any way you can be pushed into a Ch 13 to pay. I don't even think they would care that an AU ran up the debts because they know the AU is not legally liable for the debt.

Mom had knowledge and had consented to the first transfer. While what the OP did is actually fraud, using her mother's name and forging her signature, the only way I can see a problem is if Mom turns around and flat out states that she never opened the cards, never used the cards, and goes forward to press charges.

[LNY]

OK. I just thought we should clarify that.

[direred]

What OCs used to do in this case (if both parties were willing) was to create a new account for the party in the wrong and transfer the balance to that party. I know this because something like this happened with an ex-bf (his brother had used his mother's cards without permission).

I don't know if they still do it, but it's worth asking.

[dizzienc]

'What OCs used to do in this case (if both parties were willing) was to create a new account for the party in the wrong and transfer the balance to that party."

I wish they would do that. Then it would all be on me like it should be.

[willingtocope]

I haven't been following this closely...but...

Is it possible that you could get a CC in your own name? Maybe a personal loan? It would be best if you could pay all this off yourself, even if you have to borrow money to do it. While you trashed your mother's credit, yours might still be good...

As it stands, there seems to me to only be two options...neither one is very good.

1. Your mother (and her husband) file BK. It would almost certainly have to be the two of them....and depending on their income and the sources of their income...might wind up being a BK13. In that case, you could make the payments, but, jeez, I don't think its going to work out well.

2. Your mother files a fraud complaint against you. She may have agreed to the first CC, but she could probably claim ignorance of the others. This might be a tough road all around, and it might even put you in jail. Again, not good.

(Not judging, by the way. Just trying to figure a way out of this for you.)

[elyse449]

'What OCs used to do in this case (if both parties were willing) was to create a new account for the party in the wrong and transfer the balance to that party."

I wish they would do that. Then it would all be on me like it should be.

Have you looked into attaining a personal loan or some other form of credit to pay these off? What are the payments like? Is it plausible to just pay it yourself??

Elyse

[dizzienc]

My situation is this:

I began using my mothers credit 8 years ago when I had to leave my husband. I know what I done is wrong but I have to say I did an excellent job of building her credit over that time. Never any late payments. All minimum payments were right at $100 or less. My nightmare began in June of this year when I had to be out of work for a month for surgery. I couldn't make any payments and when I did they were random to each card. Now the minimum expected is up in the hundreds for 2 of the cards. I believe I can handle the Discover card and keep it from going to collections. One is now in collections..AMEX. And they bare A--holes!!!!

My mother(73 and retired on SS) said whatever needed to be done, for me to fugure it out and she would go with it. She will not press charges against me.

I have made an appt for us to speak with a BK lawyer this Nov 21. He offers 2 free consultations.

When my mother has spoken with the creditors on the phone she has told them it was my debt but that she wasn't going to press charges.....will this be a problem in BK court??

Do they actually use those recorded conversations against you??

Should my mother send in a DV letter? (to give us time to figure this out)

Why would BK involve her husband?(78 and retired on SS) Everything I have read about CC's it falls only on the person whoes name is on the account. If we have to verify his income in BK that will be a prob.....they have been married 13yrs and mom has never known his bank account. He gets his statesments reads them and then rips them up and throws them in the trash. And when mom asks he will not tell her.VERY STINGY MAN.

dizzienc

[breathing_easier]

I know what I did is wrong but I have to say I did an excellent job of building her credit over that time.

Have you had your mom pull her credit reports so you know exactly how everything is being reported? Might want to do that before your 11/21 attorney visit. Let us know what the BK attorney says. I'm hoping it all works out for your mom's sake.