Can someone on disability file for bankruptcy if there income is less than what they owe?

The answer to your question is yes, you may file bankruptcy while you are on disability. In chapter 7 bankruptcy you are not limited to filing based on your income, in fact you are limited if you make too much income when filing Chapter 7 bankruptcy. In chapter 13 bankruptcy you are not limited by how much you make, but if you do not make enough to pay your regular bills that must be paid on a monthly basis and make an additional payment towards your chapter 13 bankruptcy, then you will not be allowed to use this form of bankruptcy, which is usually used by those attempting to save a home from foreclosure.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.      Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law www.botelholawgroup.com 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147