Creditors and Bankruptcy/Advice for gifted money


My mother is gifting me $14,000. She is helping me get back onto my feet after a divorce, and financial troubles. I have credit card debt of about $50k, and have had most of it "charged off."  I'm not 100% sure what that means, but that's what my credit reports states. I have one other that is in collections, yet I have been contacted by anyone in quite a while. All of the debt is about 3 years old. I still struggle a great deal financially, and have considered bankruptcy, which is what I will likely do. But for now, I need the money my mother wants to gift me to help with immediate issues (ie: car problems, medical bills, etc.), now.  I do want to file, but cannot wait to go through that process in order to get some money to help with current issues.  Is there a way for her to send it without the creditors being able to take it?  I'm not trying to get out of paying anything, I have even contacted them a few times over the past 3 years trying to work out payment with them. When I first fell on hardship, they would not work with me at all.  So I have tried to do payment plans, settle and so forth, but they were never willing to help out.  The money my mom has is something I am desperate for, and need to pay for things now. What would be the best way to handle this money, without the fear of it being immediately taken.  Thank you for your help.

Hi Tina:
I just saw your question on the question pool asking about the money your family is giving you.    You donít give enough information in your question for me to say for sure, but I suspect that (depending on some factors you donít state in your question) you will be able to use that money for your present needs.   If you would like to call me I can explain to you what the rules are and how bankruptcy works.    It also sounds to me like you donít fully understand the bankruptcy process.    I will not charge you just to talk on the phone.    If you wanted me to actually help you with the bankruptcy, and if you are eligible for a chapter 7 (the simplest kind of bankruptcy) I would charge you $300.   If you call around, you will find that most other lawyers charge at least a thousand dollars, plus the filing fee of $335.    Depending on your income level, you may even be able to have the filing fee completely waived.     You can call me anytime and I will be glad to help you.

Jack Hall J.D.
915 261-3893

Creditors and Bankruptcy

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Can answer questions about bankruptcy, lawsuits or judgments that have been filed against you. Also can answer questions about tax issues, property that is facing foreclosure, repossession of vehicles, and wage garnishments. 915 261-3893


Over 30 years experience assisting consumers with lawsuits and bankruptcy matters since graduating from law school.

Numerous published appellate court opinions; Law review publications; Article on consumer bankruptcy in Black Enterprise magazine; was requested to author a book on consumer bankruptcy by Doubleday Publishers

Over twenty years of education including law degree (J.D.); masters and bachelors degrees in political science; author of magazine articles related to consumer bankruptcy; hundreds of hours of continuing education legal education and seminars

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Have had well over a thousand bankruptcy clients during the past 30 years and have had many clients in civil lawsuits during the same time period

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