QUESTION
Does SSDI get counted as income when trying to waive bankruptcy fee?
Asked on Sep 04th, 2016 on Bankruptcy - Wisconsin
More details to this question:
I get SSDI and my husband works. We need to file Chapter 7 and are doing so on our own since funds are tight. We are looking into getting the fee waived. I haven't been able to find information on whether or not the SSDI is included in our income or if only earned wages get counted.
3 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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All income from whatever source is counted in determining whether to waive the filing fee, including SSI.
Answered on Oct 12th, 2016 at 7:04 AM
The only place where you are allowed to not report your SSDI or social security income as income is on the bankruptcy Means Test. not when applying for a waiver of fees, which is granted on your purported inability to pay these fees. If money is that tight, it may be you do not need to file bankruptcy at all and that no creditor would be able to legally collect from you. In your attempt to save money on a legal fee, you may be costing yourself many times more by pursing an unnecessary bankruptcy procedure. I am guessing you are one of those people who needs to learn this the hard way.
Answered on Sep 28th, 2016 at 11:39 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I do not know for certain, but I think SSDI is not counted. I say this because you may omit adding (although you must disclose) SSDI in doing the Means Test. Why not just telephone the clerk's office of the Bankruptcy Court and ask the question?
Answered on Sep 28th, 2016 at 11:38 AM