QUESTION
If I am on food stamps and have no income can I file for bankruptcy to erase my credit card debt?
Asked on Sep 13th, 2012 on Bankruptcy - Michigan
More details to this question:
I am on welfare on food stamps. I have no income. Last month I received a letter if I do not come in to court to ask questions about a judgment for a credit card.
15 ANSWERS
Richard S. Goodman
Yes.
Answered on May 28th, 2013 at 8:08 PM
Yes you can file bankruptcy. Just so you know, your welfare and food stamps are both considered income.
Answered on Sep 24th, 2012 at 5:44 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Yes. You will probably have to file a chapter 7.
Answered on Sep 18th, 2012 at 5:05 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You can probably file bankruptcy. The filing fee for a chapter 7 is $306. You will need to have an attorney do this for you. You cannot do it yourself, and petition preparers cannot give legal advice. There is a way to get the judgment against you declared null and void. This must be done by an attorney. Consult with some in your area and be sure to ask about getting the judgment declared void.
Answered on Sep 18th, 2012 at 5:05 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You must appear at the debtor's examination. Otherwise, the court will enter a bench warrant for your arrest. As to the debt - if you are not working then there is nothing for the creditor to garnish - except your non-exempt property and excess funds in the bank accounts. You may file for bankruptcy, but you must understand that it is a very complicated process. You can use the Self-Help Center offered at the Arizona Bankruptcy Court. But, if you can afford it, it is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Sep 18th, 2012 at 5:04 PM
Real Estate Attorney serving New Port Richey, FL
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Jay W. Moreland, P.A.
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You probably can, but you should talk to a bankruptcy attorney to see if it is in your best interest. You should also take the letter you mentioned to the attorney. After a judgment is obtained against you, the court can require you to provide information about your assets. If you fail to do so, you may be sent to jail until you provide the information. Once you tell the court that you have no assets you have fulfilled your obligation. If you actually have nothing, the judgment may be uncollectible whether you file bankruptcy or not. That is why you need to get counsel from an attorney. Many bankruptcy attorneys provide free initial consultations.
Answered on Sep 18th, 2012 at 5:03 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You can file for bankruptcy but most people don't advise unless you are really desperate that you file if you have less than $15,000 in bills.
Answered on Sep 18th, 2012 at 5:03 PM
Even if you are not on food stamps and have household income below the mean average of incomes for families of your size in Utah, you can file for a Chapter 7 bankruptcy in most instances.
Answered on Sep 18th, 2012 at 5:01 PM
Chapter 7 Bankruptcy Attorney serving San Francisco, CA
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Bertrand, Fox & Elliot
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Yes, most likely your income will qualify you to file for Chapter 7. Consult an experienced bankruptcy attorney.
Answered on Sep 18th, 2012 at 5:01 PM
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO
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The Salas Law Firm LLC
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Yes, you may file.
Answered on Sep 18th, 2012 at 5:01 PM
Probate and Estate Planning Attorney serving Harrison, MI
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David T. McAndrew, Attorney at Law
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Absolutely. This is one of the primary purposes of the law. Your judgments and CC debt should be discharged upon completion of the process.
Answered on Sep 18th, 2012 at 5:00 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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You would proably qualify for bankruptcy based upon your circumstances. Do not what attorney will take the case if you have no means to pay, so you might want to check w/ legal services, which is a pro bono service.
Answered on Sep 18th, 2012 at 5:00 PM
Bankruptcy Attorney serving Bellevue, WA
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Wild Sky Law Group, PLLC
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Yes, a bankruptcy may help. At the same time, though, if you don't have income, you may be "judgment proof." Talking to a qualified bankruptcy lawyer can help determine if bankruptcy is right for you.
Answered on Sep 18th, 2012 at 4:59 PM
Daniel James Wilson
You can probably discharge the credit card debt, but you will either have to come up with enough money to pay a lawyer or qualify for free representation with your legal aid office. Please be sure you attend the court hearing. Otherwise you face a bench warrant for contempt. The judgment creditor is trying to find out if you have assets he can garnish. Welfare benefits are exempt.
Answered on Sep 18th, 2012 at 4:59 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, but you would be better off in the long run attempting to settle the debt and avoiding the bankruptcy.
Answered on Sep 18th, 2012 at 4:58 PM