QUESTION

Do I have to file for bankruptcy if I'm on SSI disability and own no assets?

Asked on Oct 21st, 2013 on Bankruptcy - Michigan
More details to this question:
I became disabled almost 3 years ago and SSI is my only source of income. I owe around $15,000 in credit cards and have received a letter that I'm being sued. I'm barely making ends meet and can't really afford hiring an attorney or file for bankruptcy. So I was wondering what happens if I just do nothing?
Report Abuse

9 ANSWERS

Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
Update Your Profile
Good question! As long as only social security is deposited into your bank account, no creditor can take it under state laws. Other assets that are protected by state laws include your vehicle (up to $15K), your furniture and wearing apparel ($12K), your jewelry ($5K), as well as other items. I urge you to have a conversation with your bank manager to be aware of bank policy when a judgment comes in.
Answered on Oct 22nd, 2013 at 1:43 PM

Report Abuse
Debtor Bankruptcy Attorney serving Middletown, NY
2 Awards
It sounds like you are "judgment proof" and, as such, there is nothing that a judgment creditor could get out of you. If you can handle the harassing phone calls, etc., doing nothing seems to be a viable option in your circumstances.
Answered on Oct 22nd, 2013 at 1:41 PM

Report Abuse
Bankruptcy Attorney serving Omaha, NE at Heineman Law Office
Update Your Profile
In most ways, you do not need to file. Creditors cannot garnish SSI benefits (unless you owe child support). So, they can do limited things with a judgment. However, if you have an asset with a value that exceeds the state permitted exemption amount (i.e. your car is worth $10K- assuming no loans on it; and Idaho's vehicle exemption is $7K), the creditor with a judgment could try to grab the car, sell it, give you your $7K, and take the rest.
Answered on Oct 22nd, 2013 at 12:24 PM

Report Abuse
Bankruptcy Attorney serving Las Vegas, NV
2 Awards
Contact Legal Aid Center of Southern Nevada to see if you qualify for pro bono representation.
Answered on Oct 22nd, 2013 at 12:09 PM

Report Abuse
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO at The Salas Law Firm LLC
Update Your Profile
Probably not. If your only income is Disability it is most likely exempt and you are judgment proof.
Answered on Oct 22nd, 2013 at 12:06 PM

Report Abuse
Estate Planning Attorney serving Boulder, CO
2 Awards
It is likely that you are what we call Judgment proof. They can get a judgment but not be able to collect. Sometimes a bankruptcy is filed then anyway to stop the harassment or the judgment hanging over your head waiting for your situation to change.
Answered on Oct 22nd, 2013 at 12:01 PM

Report Abuse
Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
Update Your Profile
You can't afford to pay the $15,000.00 not the attorney fee. Don't own a car they may take it. Don't have a bank account they may attempt to seize it. Don't own anything or have your name on it.
Answered on Oct 22nd, 2013 at 11:19 AM

Report Abuse
Bankruptcy Attorney serving Oakland, CA at Elkington Law
Update Your Profile
You are what is referred to as judgment proof. That means that even if a judgment is filed against you, it is not collectable. Your SSI cannot be garnished. But, that being said, a creditor still might attempt to levy your bank account and you will need to be vigilant in informing the creditor, the bank, and the sheriff they all of the funds in your account are SSI. In order to avoid even a judgment, you should write to the creditor and tell them you are on SSI and send them proof of such. That is no guarantee that a creditor won't sue you, but generally they don't want to spend the money suing on a non-collectible judgment. The other option you might have, is to contact your local County Bar Association and see if they have a pro bono program. Many County Bar Associations have such, and they have attorneys, or have clinics where your bankruptcy will be prepared for free. Based on the income you say you're getting, you should qualify for a free bankruptcy from a pro bono program, if your County Bar Association has one available. Good luck.
Answered on Oct 22nd, 2013 at 9:35 AM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
You should counsel with an attorney, the question is not only your income sources, but also your assets.
Answered on Oct 22nd, 2013 at 8:17 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters