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  #1  
Old 07-19-2002, 05:41 PM
ghc
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Posts: n/a

need legal opinion about what to expect


What is the name of your state? i live in GEORGIA

I WAS DXED A YEAR AGO W/A LIFE-THREATENING, INCURABLE
SHUTDOWN OF THE PART OF THE IMMUNE SYSTEM THAT MAKES
ANTIBODIES [NOT AIDS/HIV] - HAVE BEEN MEDICALLY DISABLED [PER ALL OF MY TXING PHYSICIANS] AND UNABLE TO WORK SINCE
12/00 [WAS A PROFESSIONAL IN HEALTH SERVICES DELIVERY X 34 YEARS].

MY MEDICAL BILLS ARE OVER 100,000 PER YEAR AND WILL BE
AT LEAST THAT HIGH OR HIGHER EVERY YEAR FOR REST OF MY
LIFE. I HAVE APPLIED FOR SSD WITH THE FULL SUPPORT OF MY
TXING MDS BUT HAVE NOT YET BEEN APPROVED - IN THE EVENT THAT I AM AWARDED SSD BENEFITS IN THE FUTURE - IT WILL
BARELY COVER MY MONTHLY HEALTH INSURANCE PREMIUM WHICH
IS 950/MO., CURRENTLY PAID BY A CHARITABLE FOUNDATION THAT ASSISTS PERSONS WITH VERY RARE EXPENSIVE MEDICAL
CONDITIONS WH0 WILL DIE W/O HEALTH INSURANCE COVERAGE.

I HAVE TWO CREDIT CARD ACCOUNTS WITH TOTAL BALANCE FOR
BOTH APPROXIMATELY 35,000. THEY ARE SO HIGH BECAUSE
I USED THEM TO 'SUPPLEMENT LOST INCOME' AND TO SURVIVE -
HOPING THAT I WOULD EVENTUALLY BE ABLE TO RETURN TO
WORK AND PAY THEM OFF AS I HAVE ALL OTHER DEBT I HAVE
EVER INCURRED. BEFORE BECOMING SO ILL AND UNABLE TO
WORK I HAD A PERFECT CREDIT RATING.

I ACTUALLY HAVE TWO QUESTIONS - NUMBER ONE - IS MY
SPOUSE LEGALLY RESPONSIBLE FOR THIS UNSECURED DEBT - I JUST GOT COPY OF MY 'CREDIT REPORT' TODAY AS I HAD REQUESTED AND IT SHOWS - CORRECTLY - THAT BOTH CREDIT CARD ACCOUNTS ARE 'INDIVIDUAL' - IN MY NAME ONLY AS MY
HUSBAND NEVER SIGNED ANY AGREEMENT W/EITHER CARD ISSUER.

QUESTION NUMBER TWO -WHAT ACTION CAN I [WE] EXPECT FROM THE CREDIT CARD ISSUERS WHO HAVE BEEN NOTIFIED IN WRITING OF MY DOCUMENTED MEDICAL REASONS FOR INABILITY TO GENERATE INCOME EITHER NOW OR
IN THE FUTURE [OUR CASH FLOW IS NOT ADEQUATE TO EVEN
COVER BASIC LIVING AND MEDICAL EXPENSES ].

MY HUSBAND IS SELF EMPLOYED, BUT DUE TO MY SEVERITY OF
ILLNESS AND LIMITATIONS, HE MUST DO MOST OF THE HOUSEHOLD AND DAILY LIVING CHORES, SHOPPING, TAKE ME
TO ALL-DAY MULTIPLE MEDICAL APPTS. IN ATLANTA WHICH IS
4 HOUR ROUND TRIP FROM OUR HOME, CONSEQUENTLY THESE
ADDED RESPONSIBILITIES PREVENT HIM FROM GENERATING MORE
INCOME THAN HE IS AT THIS POINT IN TIME.

I CONTACTED CCC LAST AUGUST, DISCUSSED THE SITUATION W/
THEM AND WAS ADVISED THAT 'DUE TO OUR NEGATIVE MONTHLY
CASH FLOW SITUATION THAT IS NOT EXPECTED TO CHANGE IN
THE FORSEEABLE FUTURE' THERE WAS NOTHING THEY COULD DO.

WE HAVE NO RESOURCES TO 'LIQUIDATE' TO PAY THESE UNSECURED DEBTS, HAVE MAXED OUT ANY EQUITY WE HAD IN
OUR HOME ON WHICH WE OWE A SUBSTANTIAL MORTGAGE.

MY HUSBAND WORKS 7 DAYS A WEEK, 14 HOURS A DAY [WHEN
NOT SHOPPING, COOKING CLEANING HOUSE, TAKING ME TO
NUMEROUS MD APPTS., ETC] - DUE TO HIS EFFORTS WE HAVE
BEEN ABLE TO KEEP ALL MAJOR PAYMENTS [ALMOST CURRENT]
AND BANKRUPTCY IS NOT A ROUTE WE ARE WILLING TO PURSUE.

BASICALLY, THE UNSECURED CREDIT CARD DEBTS - TOTALING
35,000 ARE WHAT WE ARE UNABLE TO PAY - WHAT IS LIKELY
TO HAPPEN LEGALLY, FROM YOUR EXPERIENCE, GIVEN OUR
SITUATION.

THANK YOU SO MUCH FOR THIS WONDERFUL AND INFORMATIVE
SITE AND FOR ANY INFORMATION YOU ARE ABLE TO PROVIDE.

GHC
  #2  
Old 07-20-2002, 09:12 AM
ghc
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Posts: n/a

oops - please forgive me!!!


ghc from georgia apologizes for not typing the above message
in lower case as specified - after i submitted the post i noticed
the directive - i'll have to blame my boo boo on all the meds i'm
on - sorry. this is my first time posting at this site.
  #3  
Old 07-20-2002, 05:54 PM
a neighbor
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I ACTUALLY HAVE TWO QUESTIONS - NUMBER ONE - IS MY
SPOUSE LEGALLY RESPONSIBLE FOR THIS UNSECURED DEBT - I JUST GOT COPY OF MY 'CREDIT REPORT' TODAY AS I HAD REQUESTED AND IT SHOWS - CORRECTLY - THAT BOTH CREDIT CARD ACCOUNTS ARE 'INDIVIDUAL' - IN MY NAME ONLY AS MY
HUSBAND NEVER SIGNED ANY AGREEMENT W/EITHER CARD ISSUER.

Can speak only from experience, mine (husband) wasn't responsible even tho it was his charges and my name.

WHAT ACTION CAN I [WE] EXPECT FROM THE CREDIT CARD ISSUERS WHO HAVE BEEN NOTIFIED IN WRITING OF MY DOCUMENTED MEDICAL REASONS FOR INABILITY TO GENERATE INCOME EITHER NOW OR IN THE FUTURE [OUR CASH FLOW IS NOT ADEQUATE TO EVEN COVER BASIC LIVING AND MEDICAL EXPENSES.

Any number of things can happen it's up to them. When they are ready to pursue you they have a look at all credit and assests.

DUE TO HIS EFFORTS WE HAVE
BEEN ABLE TO KEEP ALL MAJOR PAYMENTS [ALMOST CURRENT]
AND BANKRUPTCY IS NOT A ROUTE WE ARE WILLING TO PURSUE.

Never-say-never, I always thought when it was getting tight that I would never claim bankruptcy. It's was only for losers, people that wanted to escape their obligations, I had a whole host of negative feelings about Bankruptcy. But just like in your situation I could keep a roof over my head and the "priorities" going it was the other debts that I couldn't manage at the time.

Then about 3 years ago on Mothers Day I was served with a lawsuit for a credit card that I knew I couldn't pay and I had no other choice. Oh wait their was a choice, garnish my wages and lose everything, no way! My thoughts on what the purpose of Bankruptcy changed as soon as I realized it was there for people who had problems and needed fresh starts. Do you know how much your health suffers when you have annoying phone calls, and a large amount of debt over your head? And frankly, your just another excuse the CC's have heard before, they don't care about your health, they care about getting the money they loaned you as part of the CC agreement.

But I wish the best for you, just be prepared to have some of the nastiest people grace your phone line demanding money.
  #4  
Old 07-20-2002, 07:11 PM
Senior Member
 
Join Date: May 2001
Posts: 6,449
I pretty much agree with neighbor and would like to expand the thought about bk.

You're only looking at one side of the ledger. Yes, the cards are in your name and your husband can't be held directly responsible. However, should you 2 have any joint assets like a house for example, the cc companies could sue you and attach a lein on the jointly owned property. It would be impossible to sell or re-fi or, in the sad event of your death, transfer ownership to your husband without satisfying the lein. $35K is a lot of money. I agree with neighbor. If they believe they can recoup by attaching any assets, they will.
  #5  
Old 07-20-2002, 08:57 PM
a neighbor
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Just another horror story about collectors. I had a friend who's child was dying of cancer. The mom had to leave her job and take care of her ill child. She explained all this to the creditors, as best she could. Well her child died. Collectors still called, even shortly after the funeral. She was asked by one collector "I bet your able to pay for the funeral. so why can't we get our money!?!?"

Hey but on the flip side of bankruptcy, Donald Trump does it all the time!
  #6  
Old 07-21-2002, 12:58 AM
CaliCat
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Quote:
She was asked by one collector "I bet your able to pay for the funeral. so why can't we get our money!?!?"
MY GOD!! That's AWFUL! I hope that creditor is ashamed to the core of his soul.

The best thing you can do is file bankruptcy. With the amount of debt, they WILL try to attach your house to the debts. Filing bankruptcy and reaffirming the mortgage will be your best bet.

Good luck, and may God give you a miracle for your health.
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