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Reply #25: No need to file bankruptcy [View All]

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happyslug Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-01-05 05:34 PM
Response to Reply #6
25. No need to file bankruptcy
She is 21 years old, she is living with her mother, if she has worked for six "Quarters" earning more than $250 in each "Quarter" she will be eligible for Social Security (Which Can NOT be attached). If her Social Security Disability is less than the SSI amount she can get SSI (It is clear she can not work). Furthermore this developed before she turned 22, which makes her eligible for Social Security Disability on her parent's accounts (Provided their have worked which it looks like their have).

Anyway her Social Security is NOT attachable. Unless her parent's con-sign for her apartment the Parents are NOT liable for her debts (She is over 18). Thus the only way this Judgment can be paid (without the co-operation of the 21 year old) is by a Sheriff's sale of her personal property. I do not Know the California Exemptions but given she is living with her mother I do not think her assets exceed such exemption level. All told it looks like the 21 year old is Judgment proof, and as such if I was her go tell the Landlord to pound salt for his rent money.

Now if she recovers and starts to work again she should declare bankruptcy then and discharge this debt and any outstanding medical debts but she should wait on bankruptcy until her brain tumor is resolved one way or another.
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