azmuscleguy1234
New member
What is the name of your state? Arizona
My aunt has Alzheimer's and uncle has dementia. We talked to a bankruptcy attorney last year because their healthcare costs and daughter dying (she lived off the cards when she got cancer) caused them to be unable to pay on their cards anymore. They have 4 fresh bank accounts that were set up last year so that each type of retirement isn't commingled with each other. The only deposits to these bank accounts come from their retirement accounts which are SS for aunt, SS for uncle, military retirement uncle and State of Oregon PERS for uncle. They have two other bank accounts still open with minimal money in them. They've gone not paying their cards since March. Total debt 160k.
My question is that judgments are starting to come in from the various 15 credit card companies. We've not been served anything and actually have no access to the front door. What's the next stage for the creditors to get to their bank accounts? I'm pretty sure the BK lawyer said Social Security was safe if no more than two months of money was in their account. Same with the DFAS military. The big question is the bulk of money they get is from PERS and the lawyer said they can get a judgment on that. But how they get it and how much of the 5k per month can they take? They make about 90k a year in retirement and the cost for live in care exceeds that by about 10k per year which I make up. Losing the 5k per month will probably force them to have the uncle go into military care and not sure where the aunt will go.
They are never going to be personally served since they have no front door and never go outside but I'm guessing either myself or the caregiver could be served outside their house?
Any help greatly appreciated.
Stan
My aunt has Alzheimer's and uncle has dementia. We talked to a bankruptcy attorney last year because their healthcare costs and daughter dying (she lived off the cards when she got cancer) caused them to be unable to pay on their cards anymore. They have 4 fresh bank accounts that were set up last year so that each type of retirement isn't commingled with each other. The only deposits to these bank accounts come from their retirement accounts which are SS for aunt, SS for uncle, military retirement uncle and State of Oregon PERS for uncle. They have two other bank accounts still open with minimal money in them. They've gone not paying their cards since March. Total debt 160k.
My question is that judgments are starting to come in from the various 15 credit card companies. We've not been served anything and actually have no access to the front door. What's the next stage for the creditors to get to their bank accounts? I'm pretty sure the BK lawyer said Social Security was safe if no more than two months of money was in their account. Same with the DFAS military. The big question is the bulk of money they get is from PERS and the lawyer said they can get a judgment on that. But how they get it and how much of the 5k per month can they take? They make about 90k a year in retirement and the cost for live in care exceeds that by about 10k per year which I make up. Losing the 5k per month will probably force them to have the uncle go into military care and not sure where the aunt will go.
They are never going to be personally served since they have no front door and never go outside but I'm guessing either myself or the caregiver could be served outside their house?
Any help greatly appreciated.
Stan