QUESTION
If I am currently in a chapter 13 bankruptcy and I start receiving SS benefits, can they take it?
Asked on Jul 07th, 2017 on Bankruptcy - Michigan
More details to this question:
I am currently in a chapter 13 bankruptcy. I am 66 ys old and live in GA. If I start receiving ss benefits, can the court take it?
4 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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No, social security benefits are exempt from bankruptcy, creditors and other attachments nationwide. Only the IRS and student loans can attach SSI benefits.
Answered on Jul 11th, 2017 at 8:04 PM
So I would hope you know that Chapter 13 is a voluntary program you enter to reach a particular goal. Neither the court nor the trustee takes anything from you in Chapter 13 because you are offering to pay in order to solve a particular problem. Depending on what that problem is and how badly and how quickly you want to reach your goal, you might want to increase your Plan payments in order to meet this objective.
Answered on Jul 10th, 2017 at 6:56 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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The question is better put "Can you give it?" It is your chapter 13 plan to either make payment or not.
Answered on Jul 10th, 2017 at 10:36 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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First things first: retain a skilled bankruptcy lawyer. It's almost always a good investment. Secondly, in general social security benefits can not be taken by creditors, so it would follow that the payments may not be taken by the Trustee. But double-check with an experienced BR lawyer in your locality.
Answered on Jul 10th, 2017 at 10:36 AM