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Dad's Credit Card debt...can they sue Mom? |
Pops ran up a credit card. The card was for his business and he signed as guarantor. Attorneys are collecting. Pops is in hospice care and not long for this world. Can these collectors come after Mom? (They are married) If the credit card was business issued. They could only put a lien on his business. If that gone. They can not go after your personal items. Since his credit is ruined. You need to get a power of attorney and file either a chapter 7 or chapter 11 bankruptcy on his business. Chapter 7 if business is gone otherwise chapter 11 if the business is still going. Have you Mom talk to a bankruptcy attorney. It is a lot easier to file bankruptcy for a business than for a personal bankruptcy. They should not be able to put a lien on the house. Yes, they can sue his estate which belongs to your mother. yes In Michigan they will try to sue the spouse, legally they won't collect. They do it anyway trying to scare the spouse into paying. If they do sue, she must answer in court. If she does not, a judgement will be issued against her. Hard to say... Absolutely--"whats yours is mine and whats mine is yours" They can sue his estate. He was smart to get off the deed! As it's no longer part of his estate, it can't be touched by any of his creditors. |
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