If your mother is the only signer on the car loan, you will not be able to file on her behalf to get rid of it. Unfortunately, your mother may have to file herself to rid herself of this debt. Should you need to consult further with an attorney, please give my office a call at 678-954-5677. Good Luck

This answer is in no way intended to establish an attorney-client relationship and in no way binds J Curry Law Group, LLC or any of its member attorneys to such a relationship.

When you file for Chapter 7 she will remain liable.

She may also need to file Chapter 7 to protect herself (you can't do that for her).

Feel free to call me at 404-768-3509 to discuss the pros and cons of Chapter 7 and whether it would be appropriate in this case.

If your mother is on social security and has no assets that can be attached, such as, a house or car, then the social security cannot be garnished and she is basically judgment proof. However, if she has assets that are within the amounts allowed by the state exemptions, she could possibly file a Chapter 7 case and wipe out the debt. Additionally, you may want to consider a Chapter 7 case to eliminate the debt. Finally, in most Chapter 13 cases that we file, the clients pay back only a small percentage of the debt. For example, if you qualified for a 1% Chapter 13 case, you would actually pay back $240 of the $24,000. debt owed on the car. Your issues are certainly serious enough to schedule a free consultation.

***This answer is based upon the limited amount of information provided. Additional information is needed to formulate a plan of action. This dialogue does not create an attorney-client relationship between the parties.***