QUESTION
Can I file for bankruptcy if I'm on disability?
Asked on Apr 07th, 2015 on Bankruptcy - Michigan
16 ANSWERS
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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That would be a yes.
Answered on Aug 31st, 2015 at 8:19 PM
Debt Relief Attorney serving Anaheim, CA
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Marlin Branstetter Attorney at Law
That would be a yes.
Answered on Aug 31st, 2015 at 8:19 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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That would be a yes.
Answered on Aug 31st, 2015 at 8:19 PM
2 Awards
Yes you may.
Answered on Apr 08th, 2015 at 4:46 PM
You might be able to file, but a better question is whether you need to file and whether it is in your best interests to file. Being on disability isn't a status that disqualifies you from entering the bankruptcy process.
Answered on Apr 08th, 2015 at 4:46 PM
Deborah F. Bowinski
Yes, but the harder question to answer would be whether it is necessary or whether it makes sense.
Answered on Apr 08th, 2015 at 4:45 PM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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There is no law that says you cannot file for bankruptcy if you are on disability. Whether it's a good idea to file and will it achieve your goals is a different more important question that depends on other factors.
Answered on Apr 08th, 2015 at 2:26 PM
Yes, you can file for bankruptcy if you're on disability. You may have been advised not to because typical disability payments are not subject to garnishment, so you might be judgment-proof in the sense that there is nothing a creditor can take from you. If there is a particular creditor bothering you, then you might write them a letter explaining your circumstances and asking them to leave you alone. You might also qualify for free legal aid if your income is very low. If so, you could get a bankruptcy for free.
Answered on Apr 08th, 2015 at 2:25 PM
Bankruptcy Attorney serving Buford, GA
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Kenneth A. Parker, PC
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Yes you can. Call a Bankruptcy Attorney to discuss your individual situation.
Answered on Apr 08th, 2015 at 2:24 PM
Derek W. Freeman
Yes, you can. But a better question is should you file bankruptcy? The answer to this is not so simple. If your only source of income is Social Security Disability, and you have a devoted account for disability payments (in other words, you don't put money from any other source into the account), then you are essentially judgment proof. This means that, since your only income is from an exempt source, creditors cannot force you to pay them, through getting a judgment and garnishing wages, bank accounts, etc. That said, creditors can still call you, write you, and generally annoy you. Also, if you come into some money from a non-exempt source, creditors can get at that money. So, depending on your situation, it might be worth it to file. You should talk with an attorney about your specific situation.
Answered on Apr 08th, 2015 at 12:07 PM
Yes. Disability income can be the basis of a Chapter 13 plan payment. It is also likely that you are eligible for Chapter 7. Most bankruptcy attorneys offer free consultation. I would take advantage of that to see what type of bankruptcy, if any, would be appropriate for you.
Answered on Apr 08th, 2015 at 12:07 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Yes, of course.
Answered on Apr 08th, 2015 at 12:06 PM
Bankruptcy Attorney serving Grand Rapids, MI
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David Andersen & Associates, PC
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Disability doesn't determine if you can file bankruptcy. If you're eligible for bankruptcy then you can file.
Answered on Apr 08th, 2015 at 12:06 PM
Bankruptcy Attorney serving Charleston, SC
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Davis Law Firm
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Yes, you can file bankruptcy if you need to do so. You need to meet with an attorney to discuss whether you will find any relief in a filing. Most income that you receive from a disability is exempt from creditors. Just because a creditor is calling you is not a good reason to file bankruptcy. You should never react to what a creditor is doing, you should act based on what is in your best interest.
Answered on Apr 08th, 2015 at 12:06 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should be able. I suggest you confer with and attorney about you options.
Answered on Apr 08th, 2015 at 11:58 AM