fraudulent filing of chapter 7

[elflauta]

What is the name of your state? texas
i have been living with my 91 year old grandma for 3 years. her husband passed in 1993. since then my cousin has been taking care of grandmas bills and such. she has her name on the checking account. well i noticed that we have not been receiving the statements or credit card bills for awhile. i got online and requested a credit report for my grandma. wow! the cousin had obtained numerous credit cards in grandmas name and ran them up to $34000.00. then she filed backruptcy in july in my grandmas name. i guess she has power of attorney. i know for sure my grandma does not know all this. this has to be illegal? also, she has been cashing large amounts from the checking account and letting the bills go behind. what should i do? i have learned that this is considered elder abuse (financial) in texas. she is missusing her power of attorney. i have hidden all the legal papers in the house till i find out what to do? if i turn her in the whole family will be fighting. if i don't she will continue to take my grandmas money till she dies. this is a real stressfull time for me......grandma thinks she is the best granddaughter there is, i think she is a devil in disquise. your thoughts would be helpful, wes

 

[Ladynred]

I don't think there is any way that a power of attorney would allow her to go to a 341 meeting in your grandmother's place ! I will have to do a little checking in the bankruptcy code. There is some language about Bk filings for the incompetant or the deceased (people who filed then passed away before the 341 meeting). Most POA's don't give the holder total control.

Was the bankruptcy discharged ? How long ago did this happen ?
If you've got proof of the illegal actions, you need to get an attorney ASAP and stop this cousin !! The family may fight, but shouldn't they all be MORE concered with your grandmother ???

I'll check the BK code and post back with what I find - or don't.

 

[JETX]

My thoughts:
I would put my grandmothers safety and happiness above ANY others issue of people being upset about reporting a crime.
Get your documents together into a very nice package and sit down with the offender. Give her a chance to 'step up' and handle this properly. If she refuses or fails to do so, my next step would be to the local police department.

 

[elflauta]

length of abuse

the granddaughter has been on the checking account since 1993. i of course never knew all this until i got online and did a little research, thank god for the internet, lol
the backruptcy was filed in july 2003 and has not been discharged yet.
i asked my grandma if she signed any papers or filed bankruptcy, and she said she didn't know anything. i am the grandson, and i have told all of her living children (3). also, since my father passed i took his place on the will.
just think how much money she could have been saving all these years? her bills are only a few hundred a month, and she receives $1296.00 a month.
this whole thing has me very stressed and sickly feeling.

 

[Ladynred]

Sounds like its time for a call to the bankrutpcy Trustee if this has not been discharged yet. I'd love to know how she managed a 341 meeting w/o your grandmother being present !

 

[flat-broke-CA]

You are in a tough spot, no doubt about it. It's my opinion the cousin is financially abusing your grandmother and should be removed without delay. It doesn't need to be sensationalized, however, those funds are for your grandmother's care.

I'm looking beyond the immediate problem of the bankruptcy situation or the upset your whistle blowing may certainly cause among your relatives. When the money runs out or dwindles to insufficient levels your relatives will definitely learn about the hemorrhage on your grandmother's funds, which may then involve everyone if they have to pitch in to provide for your grandmother. Next, these relatives may be heirs down the road and when the time comes to distribute whatever remains from the estate once your grandmother is gone, the truth will be known. Talk about upset in the family. Been there.

If you have the documentation to demonstrate what you have posted, I would think a phone call to your grandmother's attorney might be a good starting point and get another relative appointed to step in. The lawyer would also be able to have the talk with your grandmother without getting into family members taking sides and trying to get the inside track with your grandmother to convince her one way or another. Your grandmother does not need family members at odds or unnecessary upset, so maybe the lawyer would be the wisest choice. Additionally, let's say your grandmother is caught up in a problem with this bankruptcy question, your grandmother is going to need a lawyer to protect her interests and get involved in this matter. If you can remain on neutral ground and appear uninvolved to your cousin, you would be better off in the long run.

It's a very unpleasant situation. Stay strong.

Best wishes.