Mental Illness as a factor in Bankruptcy???

[urteacher]

What is the name of your state?Florida

I have asked this question previously but only got one reply. I still need help understanding this.

My wife is declaring bankruptcy. Due to Bi-Polar Disorder, Depression, Social Anxiety Disorder, Alcohol Abuse and a number of physical problems she has not worked in almost eight years. All of these problems have been diagnosed by multiple doctors and psychiatrists. For the reasons above she has started and stopped a number of instructional programs meant to prepare her for future employment. She was living off of a trust fund but this money was used to pay her medical bills, rehabilitation bills, some of our household expenses, and frivolously when using alcohol. There is nothing to show for any of her frivolous spending. During this time she had accumulated a great deal of credit card credit and used this credit freely until her trust money ran out. At that time we finally got her help that still appears to be working after one year. I paid her minimum credit card payments until October 2004 and then realized that if I continued I also would go bankrupt. The hope was that with the help she was getting she would be able to begin earning a living. This hopefully will still happen. However by February of this year it was apparent that she would have to declare bankruptcy. She owed in excess of $100,000.00 in credit card debt. She had legitimately filled out the applications for this credit based solely on her interest earned from the trust fund. During her rehabilitations and hospitalizations, mostly in 2003 she was incapable of paying her own bills so she agreed to turn over the remaining funds in the trust fund to me to pay all her bills, and hospital and rehab treatment expenses. Which as I stated above I did until her money ran out and even after it ran out. So, my questions are-- Shouldn't these mental and physical illnesses be factored into her discharge? -- As only I was able to continue paying her financial obligations while she was infirmed in 2003 and early 2004 shouldn’t she have been allowed to transfer her trust funds to me? I have nothing left to show for these funds except her paid bills. Not a dime was spent on myself or is still held by me.

[rmet4nzkx]

Duplicate post again!
[url]http://forum.freeadvice.com/showthread.php?t=241669[/url] [url]http://forum.freeadvice.com/showthread.php?t=242477[/url]
You already received an answer from someone qualified to answer your question. You never answered my question, if she had applied for SSDI.

[urteacher]

OK. She is not eligable for Social Security Disability benifits. For the past five months she has been working as a RE agent. She still has made no money. Her mental problems and abuse problems have been under control for about 9 months. Now. How do disability benifits effect her Chapter 7 in any case?

I certainly didn't get an answer to my question. Whether they care or not is not my question. It's already quite obvious that they could care less. The question is can they be forced to take her mental condition into consideration. As I said there are many professionals who can testify that she was incompetent to handle her own finances. Also, no, all of the money she transfered from her trust to me to pay her bills was more than a year before she filed her Chapter 7.

If you can help with this problem please add some substance to your reply. If not let someone else give it a shot. In either case I felt I hadn't received an adequate answer and I for one don't sit here reading back 10 pages. So I actually am aware that I repeated my question. I prefaced my entire entry with that statement. So you need not point that out. That doesn't help me very much.

So, if anyone can help with this question I would appreciate it very much.

[bigun]

You're overthinking. Nobody is going to worry about her mental condition. She can't pay her bills plain and simple. You're not the first person who has tried to manage the affairs of a loved one while they were incapciated and then, ran out of money. No crime there.
Quit playing what if games and get her to a lawyer and begin the process.