One big concern for senior adults are skyrocketing health care costs and expensive prescription drugs. These expenses quickly add up and deplete the senior’s savings accounts. Moreover, these health care related bills force many seniors to “rack up” their credit card bills simply to stay alive.

Many seniors erroneously believed that their retirement could be financed solely on their Social Security benefits.  They have learned a hard lesson that they did not adequately plan for their “golden years.” Family dynamics also often impact on the financial health of many seniors. Some retirees are drained financially by their adult children who still need them for financial assistance. Meanwhile, other seniors often face financial ruin when their spouse passes away.

Older Americans can have trouble getting adequate medical insurance coverage. Moreover, many seniors health plans do not cover prescription drugs. Many are forced to use their credit cards to pay for their medical treatment and for prescription drugs.  Whatever the cause, many older Americans are finding themselves in serious financial turmoil, and they are turning to the bankruptcy courts for relief from the debts that are now overwhelming them.

Seniors who are in financial trouble are frequently very embarrassed, and they don’t know how to get help even if they have the courage to tell someone. Adult children often don’t know that their parents are hooked  on credit cards,  and that their finances are spiraling out of control. Unsolicited credit card offers flood mailboxes of consumers all over America and prey on the vulnerable. When older people are unable to make ends meat any other way, they often accept these offers and quickly max out the cards, and they never realize that the high interest rates on these cards are “eating them alive.” As they accept more offers and try to keep up with minimum payments on the accounts, the debt continues to grow.

Debtor’s attorney’s fees are also considered priority debt. Most attorneys will include a portion of your fees to be paid under your Chapter 13 Plan. With a few exceptions, the attorney fees will be paid first before other creditors. Attorney fees for filing your bankruptcy are closely monitored by the United States Justice Department. So the cost for an attorney should vary very little between law firms. If an attorney is asking more or less than the normal price in your area, you should be aware that you may be hiring an attorney who may be out of business soon.

Make sure you have access to an attorney for your consultation and phone conversations. Hiring an attorney is definitely an area where the buyer beware rule should be applied.

Chapter 7 Bankruptcy discharges most unsecured debt with a few exceptions. The most common exceptions are Child Support, certain IRS Debt, and Student Loans. Chapter 7 will not allow a Debtor to become current on secured and priority debt. Therefore, when a Debtor completes her/her Chapter 7 and receives their discharge, the secured lien holder still has lien against the collateral for the loan and can repossess/foreclose on their property if the note is not kept current. The Debtor will still be responsible for the priority and non-dischargeable debt. A Debtor will usually be discharged in about four months from the date of filing unless complications arise in the bankruptcy case such as objections from the Trustee or adversary proceedings from creditors.

Before filing a Chapter 7 Bankruptcy, a person must obtain credit counseling from a credit counselor that has been approved by the United States Trustee’s office. In addition, once the bankruptcy is filed, the Debtor must attend a financial management class before discharge.

Once the Debtor is in Chapter 7 Bankruptcy, he/she will be required to attend a creditor’s meeting. This meeting is conducted by the Chapter 7 Trustee. The Trustee will require the Debtor to provide documents such as current pay stubs, a current tax return, a driver’s license, and Social Security card.