QUESTION
If I have MS been disabled since 2005 started collection disability since 2007, can I still file bankruptcy without being penalized?
Asked on May 08th, 2017 on Bankruptcy - California
More details to this question:
My problem is I have $30,000 in credit card bills, and I can’t pay them back. I've tried as best as I could but I will be dead before they are paid off. I get Social Security that's it $1,100 a month to live off of. Question I filed bankruptcy before in 2008 because back in 2006 I lost my job due to MS could not work anymore and lost everything I had due to medical bills and credit cards of $80,000 that was all discharged. 10 years will be January of 2018. I have only a checking account that's it? I'm so worried it's stressing me.
6 ANSWERS
1 Award
Yes, you can file a new chapter 7 at this time and eliminate all of the debt.
Answered on Jul 31st, 2017 at 4:37 PM
I am not sure why you are asking this question. Being disabled and unable to pay your debts does not prevent you from filing a bankruptcy. However, bankruptcy may not be necessary for you to avoid paying your debts if your only source of income is social security, as this income is fully protected from being seized by most creditors with a court judgment.
Answered on Jul 31st, 2017 at 4:36 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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The main purposes of bankruptcy is to avoid having your creditors seize your property and to avoid having creditors seize your income.After 10 years on SS disability, do you have any assets of value?SS disability is exempt from attachment by your creditors.Unless you have valuable assets, all filing bankruptcy will do is stop your collection calls. Unless you're a nervous person, I wouldn't bother filing bankruptcy?
Answered on Jul 31st, 2017 at 4:36 PM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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Yes, but you really don't need to since no creditor can touch your social security.
Answered on Jul 31st, 2017 at 9:50 AM
You can file now without penalty.
Answered on Jul 31st, 2017 at 9:49 AM