by Attorney Michael Eramo
In my consumer bankruptcy practice, my office has seen an alarming
number of senior citizens lately who are attempting to make payments
on large credit card debts from a very meager cash flow, usually
from just their monthly Social Security income. These seniors
want desperately to pay their debts. They are burdened. At a
time in life when the last thing they should be concerned with
is money, many face harassment from collections agencies and
even law suits. Often, it is my legal opinion, that it is neither
possible to pay the creditors, nor wise. The sacrifices to do
so is just too great.
Unfortunately, many of our seniors are enduring the continuing
stress and often cut back on food, prescriptions, medical treatment
all in an effort honor their beliefs and long held values about
repaying their debts.
The reality is that paying overwhelming credit card debts,
with sky rocketing interest rates and late fees and penalties,
is simply not feasible.
Debt ridden seniors frequently are judgment proof: everything
they have is protected by an exemption such that even a creditor
with a judgment can't take anything from them. Nonetheless, the
threats of Court actions, creditor calls, and the worry and stress
that overwhelming debt causes, is unnecessary and unhealthy.
I urge families and other care givers and professionals supporting
the seniors to be alert for evidence of unmanageable consumer
debt, and encourage the seniors to get legal advice on whether
bankruptcy is appropriate for them.
Seniors are entitled to the protections of the Federal Bankruptcy
Court and the Fresh Start provided by the Federal Courts. All
clients and prospective clients who contact our office are treated
with kindness, curtosey and respect. Should you or a senior citizen
have questions, please, call our office.
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