justakidd2 Posted December 30, 2007 Report Share Posted December 30, 2007 Ok, any attorney here who can help - I could use it. I am the power of attorney for my father. He is moving into an assisted living facility this week because of health issues. He needs to declare bankruptcy because of loss of income and a mountain of debt. Especially with moving into this facility, there is no way he will ever be able to pay any of it back. One problem we are facing is we do not have enough money to pay an attorney to start the filing process. Is it even thinkable to try and do it yourself? I know the laws have changed, and I am wondering if he will actually have to do the stupid classes for it because of his health situations. He is 79 years old, cannot drive, no income, etc etc.I am well aware of how complicated it is - but I am not sure what else to do considering the attorneys here want $1600 to do it - and he has nowhere near that even saved up. No profit sharing or retirement money - basically nothing. He will be paying for his assisted living with his social security check because he does not qualify for Medicaid. So all his social security money is gone to that, leaving nothing extra even for basic things. I am just overwhelmed and frankly at a loss of what to do. Any suggestions or help would be most welcome. Link to comment Share on other sites More sharing options...
LadynRed Posted December 30, 2007 Report Share Posted December 30, 2007 There is really no reason for your father to file bankruptcy at all. He has no income (SS is EXEMPT). If he has no assets, there's nothing for any creditor to go after. Assuming no CA could get in contact with your father in the assisted living facility, there's no way for them to harass him. Have his mail go to a PO box that you have access to and you can screen out anything from creditors. I'd write letters to all creditors telling them your father has no income, no assets, and will be in assisted living. What are they going to do ?? Link to comment Share on other sites More sharing options...
justakidd2 Posted December 30, 2007 Author Report Share Posted December 30, 2007 The only assets he has are his car and condo. Because of the financial situation we were going to let the condo simply be foreclosed on. My mother's name is on that, but she is in assisted living as well, with dementia - again, no income.We were going to transfer the car to me to avoid anyone coming after that as well. But other than that - all that is there is furniture and family stuff. Link to comment Share on other sites More sharing options...
LadynRed Posted December 30, 2007 Report Share Posted December 30, 2007 Why not try to sell the condo ? At least get something for it if you can. Foreclosure can't hurt either of your parents at this point, but I can't see letting it go that way if you don't have to. If there's any equity in it, at least there's a chance you'd get some money out of it for your parents' care.Is your father's car financed or paid off ? Link to comment Share on other sites More sharing options...
justakidd2 Posted December 30, 2007 Author Report Share Posted December 30, 2007 Yes, dad's car is paid off. I have been talking with my family about selling the condo - the thing is, we have no way of paying his mortgage until it sells. He will be using all his social security money to pay for the AL. He pays $500 per month in mortgage and $600 per month in dues (that cover utilities and who knows what all else). That is the one tricky area I see here. I have contacted a realtor friend of mine - but his condo is in horrible shape and needs a lot of work. Link to comment Share on other sites More sharing options...
AdvocateJen Posted January 23, 2008 Report Share Posted January 23, 2008 Have either of your parents served in the military? This may sound like an off the wall question, but If either have, there is a pension they may easily qualify for (being that they are in Assisted Living). The basic requirements: at least 90 active duty with at least 1 of those days being during a declared state of war, over age 65, honorably discharged. They will get approximately $2000/month (tax free). Just a thought. Link to comment Share on other sites More sharing options...
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