worried mother

What is the name of your state? ny
this is a pretty complicated story so here goes. last june my father had a brain aneurism and since then he has basically become a "vegetable". my mother , a few months after this happened filed chapter 7 because there was no way she could pay any bills without his money coming in. the lawyer said to only claim herself on it. however she has been getting all the phone calls and letters for my dad to pay his bills . today she got a letter from her bank, she still has her account with his name on it and that gets a social security check in it which pays his veterans hospital bills and her monthly house payment, that they put a lein on her account for about 7000 dollars. now she's worried that there going to keep taking money from her account. the only money she gets is the 1000 or so check a month for social security and she works at burger king so she really doesn't make anything for herself. is her best bet to get power of attorney over my dad and file chapter 7 for him too? also is she did sell their house and move into an apartment, would she get any money for it or would it go to someone else like the creditors?
please help, my mom called me crying about this saying wanted to kill herself to make it all go away.

[anabanana]

Jenny--

I am no expert, believe me, but I feel for your anxiety, and I appear to be the only one scrumming this board tonight, so I'll tell you what I've learned in my process, then keep your eyes peeled for a response from Ladynred, who is always concise and helpful, as well as HomeGuru, JETX, and IAAL, who are a few others who appear to have the facts, along with some periodically biting insights.

The bank CAN sieze your dad's money. It's called a setoff. If she can get his SS direct deposit changed to another institution or mailed to her house, she ought to do that PDQ. And what she could get out of selling the house depends on the equity in it and the particular exemptions for New York. Look at this link:

[url]http://www.thebankruptcysite.com/exemptions/newyork.htm[/url]

for a little more info about that, and scrum around that site for more general, digestible information. Their FAQs are pretty straight-forward, though not particularly detailed. Then check back here for answers from some of the experts. I think I'll quit while I'm ahead, but I wish you and your parents well.

ana

thanks for your reply. her house probably is only worth about 70,000 and she's still paying on it. also do you you think she should maybe get a bank account with her name only on it if she's not able to get the check switched over, so that she could deposit some of that money into her account so they count touch since she already filed ch 7?

[Ladynred]

Wait, WHO put the lien on the bank account ? If it was not the bank itself, then this implies that someone sued and won a judgment already. Was your mother ever served a summons for your dad ?? If so, when ?

When did she file CH 7 and has she been discharged ??

I would definitely open another account in another bank in her name only and get the SS check automatically deposited into it if you can. I'm not certain if a wife needs a power of attorney, but I would most definitely consult with an attorney. If one is needed, she needs to get one considering your dad's condition.

As for bankruptcy for him, I don't know how that can work. The debtor HAS to appear at the 341 meeting in person and I don't think that there's any way anyone else can 'sit in ' for him. I'll have to research that, seems there should be some way to do this for people who cannot, for medical reasons, appear themselves.

Can your mother prove how much of the funds in the bank account were strictly from your dad's benefits ?? If so, she may be able to get that money back. She needs to see a lawyer. Since your father is clearly incapable of handling his affairs, there may be something that can be done to call off the creditors.

BTW, your mother is NOT responsible for HIS debts if these accounts are not joint. NY is not a community property state and she is not liable just because they're married (collectors will try to hand you that BS !). Cease and Desist letters should be sent to the creditors/collectors restricting them to MAIL ONLY, that'll stop the harrassing calls and give your mother a little respite.

thanks for the advice, the only problem is with her getting a separate bank account is that the name on the check is my dad's only. could she somehow get the ss people to put her name on it as well so she could cash it? the check is currently being direct deposited. we think that the people who put the lein on it was the hospital where he had his brain surgery. it was 100,000's of dollars since they don't have health insurance. my mom claimed bankruptcy is sept 02 and it was discharged shortly thereafter like in nov i think. this bill was put on her bankruptcy but they are coming after my dad for the money. she was getting quite a few judgments against my dad that she immediately gave to her bankruptcy lawyer to take care of. all of that money in the account was my dad's ss money. my mom has been keeping her own paycheck in cash on herself. could she get that money back since it was all ss? the ss people say she can only use that money to pay for his care, like his home and his medical bills. my mom has been paying the vet hospital, where he currently is, bill every month and the house payment but she didn't think that the other hospital where he had his surgery would take that ss money she needs to live.

[Ladynred]

If she has proof that ALL of the funds in that bank account were your father's SS money, then she should be able to get it ALL back, it is EXEMPT from siezure in a judgment. You need to get your mother to a lawyer, ASAP, and see what can be done to get that money recorded as exempt and get it back.

When the judgment from that hospital came thru, there would have been opportunity for the exemption of those funds to be claimed. Sounds like that didn't happen.

She needs to see a lawyer. If a power of attorney is necessary, she needs to get one and it shouldn't be all that hard considering your Dad's condition. She also needs to get that siezed SS money recovered and that judgment dealt with.

As for the account, call the bank and find out if there's anything she can do about a separate checking account with his name on it. I think this is where the power of attorney may come in. She should be able to get an account in HIS name, keep her name OFF the account, but gives her authorization to administer it for him.