If I sign a promissory note and then decide to file bankruptcy, will I still be responsible for that debt?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I sign a promissory note and then decide to file bankruptcy, will I still be responsible for that debt?
I was Power of Attorney for my elderly father. He went into a skilled nursing facility, and having POA, I told them I would be responsible when asked who be. I filed for Medicaid for him 4 time in 9 months and was rejected each time for some reason or another. My dad passed away in and now the SNF wants me to sign a promissory note for 32k. Dad was receiving RRR and VA benefits, but I was told to pay what he would be responsible for after Medicaid took over. I began doing that in 3 months before his death. What are my options?
Asked on May 3, 2011 under Bankruptcy Law, Kansas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Please do not sign anything unless and until you speak with an attorney. What did you sign at the nursing home? You wrote that you told them that you would be responsible. But did you sign anything? It sounds like you did not if they are asking you to sign a promissory note now or maybe you did and they just want to avoid having to actually sue you and obtain a judgement. Whatever the actual situation you need to understand that this debt is your Father's debt and the debt of his estate and not your personal debt. If you signed something based upon the representations by everyone here that he would qualify for medicaid and he did not then you need to sort through that. You may have to file for bankruptcy for the estate. Get help. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.