September 29th, 2010 by Questions

I actually have two questions that will help me to decide if I should consider filing for Bankruptcy:

1) Over 10 years ago I requested that a supplementary card (on one of my MasterCard accounts) be issued in my Mother`s name.
– She did not sign anything
– She has never used the card
MasterCard has now sent her a letter advising her that if she does not pay them $18,000+ (on my behalf) in the next 10 days (now about 6) that they will `take action` against her.
Is it possible/legal for BMO MasterCard to hold her accountable for my debt?

2) I assume that my Trustee will need to examine my bank accounts.
-How far back will they be checking?
(I have already spent money from an insurance settlement… will I have to find a way to pay it back into my bank account?)

Thanks so much, I eagerly await your reply.

Posted from: British Columbia


One Response to “Responsibility”

, Barton Goth - Goth & Company Inc. -Trustee in Bankruptcy said:

If your mother never signed anything and never used the card then she is not responsible. However, the fact that Mastercard is contacting her directly suggests she may have signed on things and the only way to know is to review the original paperwork.

As for bank accounts, the immediate 3 months prior to the filing of a bankruptcy is always reviewed, but this can be extended substantially where there is a need. Although, when you receive large lump sums of money this is something that may not be uncovered directly by the review of accounts, but likely will need to be disclosed to the trustee and creditors directly.

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