Posts Tagged ‘debts’

When a dear family member dies, the last thing you want to think about is money – unfortunately, financial problems arise sometimes.

Besides funeral and burial costs, you may be forced to deal with the unpleasant question of financial obligations your loved one left unpaid.

Here’s what you need to know.

Protection from the Fair Trade Commission

The law that protects you from a family member’s debts is called the Fair Debt Collection Practices Act and is enforced by the FTC, a government consumer protection agency. Basically, the law outlines the following terms.

  • Who’s responsible for debts after death? In most cases, payment of any debts comes from the deceased’s estate. If money from the estate is insufficient to cover debts, they usually remain unpaid.
  • Is there a legal obligation to pay remaining debts? Most relatives are not legally required to pay debts. You may be obligated to cover debts left by a spouse; however, responsibility is often limited by state law. A bankruptcy lawyer in your state may help you learn more about state law and debt.
  • What should I do if debt collectors try to make me pay? First of all, don’t give out any of your personal information (SSN, bank account numbers, etc.). Some con artists stalk the obituaries and pose as debt collectors as a way to steal identities and money. Instead, direct the collector to the deceased’s representative (an executor of a will or an administrator).
  • Can I ignore debt collectors who contact me about debts? Technically, you can. But if you’re representing the deceased or otherwise responsible for his debts, you may want to negotiate with the collector to see if you can work out an arrangement.
  • How can I stop a creditor from contacting me? Write a letter to the collector asking her to stop attempting to collect the debt. Copy the letter and send it by certified mail so you’ll get a receipt when it arrives. After the creditor has received your letter, she can only contact you for two reasons: to announce a specific action (like a lawsuit) or to announce the end of collection attempts.
  • Can creditors tell others about a relative’s debt? Unless the creditor needs contact information for the representative of the deceased, he is generally prohibited from telling anyone besides a spouse, parent or guardian.

Learn more about filing bankruptcy and stoping creditor harassment.

If you’re thinking about filing bankruptcy as a way of relieving your debt, it’s important to know what bankruptcy cannot do for you.

Many types of debt are not dischargeable in bankruptcy – that is, you’ll likely still be responsible for paying these debts even if you seek bankruptcy protection. Non-dischargeable debts include the following.

  • Student loans: Unless you can show that paying an educational loan (government-issued or otherwise) would cause you undue hardship, you’re probably going to have to pay it. Ask a bankruptcy lawyer about how to prove undue hardship.
  • Taxes: Most tax debt is not dischargeable in bankruptcy. The exceptions have to do with the age of the debt, the timeliness of your tax filing and the correctness of your return. Because this one involves a solid understanding of the law, a good bet is to consult with a bankruptcy lawyer.
  • Marital debts: Any money you owe as part of a divorce or separation agreement typically cannot be discharged by bankruptcy. Again, an attorney may help you figure this one out.
  • Alimony and child support: If you owe support or maintenance money for children or a former spouse, you typically must pay it. DSOs, or Domestic Support Obligations, will usually not be discharged in bankruptcy.
  • Citations and fines: Generally, any fines you’ve gotten for breaking laws or violating civil codes are your responsibility.
  • Recent cash advances: “Last-minute” purchases of luxury goods from a single creditor are generally non-dischargeable in bankruptcy, especially if they:
    • total more than $500
    • were made within 90 days of the bankruptcy filing

Similarly, cash advances (including payday loans) of more than $750 taken out within 70 days of a filing are non-dischargeable.

  • Intentional torts: Fines charged because of willful and intentional acts cannot be excused in bankruptcy. This is a legal-heavy issue, so make sure you have your bankruptcy lawyer explain it to you if you need clarification.
  • Fraud: Debt you incurred from an illegal activity cannot typically be discharged by the bankruptcy court.

Questions? Talk to a sponsoring bankruptcy attorney today--for free and with no obligation.