QUESTION
Is it possible to file bankruptcy with SSI?
Asked on May 29th, 2015 on Bankruptcy - New York
More details to this question:
I am in a lot of debt, student loan debt, but I've been on SSI for 3+ years. I have no way of paying it when I have a kid and rent to pay. My fiancรฉ and I just recently broke up, so now I am living solely on my SSI. It's pretty much impossible. I don't know what to do. I feel like suicide is my only option because you can't get money from a dead person.
9 ANSWERS
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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That would be a yes.
Answered on Aug 27th, 2015 at 10:45 PM
You do NOT have to be dead for creditors to be unable to get money from you. As long as you keep your SSI income in a separate bank account and never EVER add money into the account from any other source, only the IRS and possibly your student loan company can take this income. If you have a federal student loan, talk to the collector about options to have the loan payments deferred or even eliminated. Your kid would NEVER get over losing a parent over something as inconsequential as debt. While bankruptcy is always an option, frankly, bankruptcy may not be something you need to defeat the creditors.
Answered on Jun 03rd, 2015 at 3:01 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Might. You have a child. Do not consider suicide. If it is still on your mind call a suicide hotline in your community. Failing that, call your doctor or 911. SSI does not stand in the way of your filing a bankruptcy. Your situation might, all in all, justify a discharge of the student loans on the basis of 'undue hardship.' You would do well to consult an experienced bankruptcy lawyer. It might help your situation immensely. Good Luck.
Answered on Jun 03rd, 2015 at 12:57 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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It's possible to file bankruptcy on Social Security but is it the right thing for you. There is probably no way to any of your creditors to garnish any of the money you do have. SS is an exempt asset. But I don't think it makes sense to file bankruptcy until you've got an income you can live on. Why file now if you know you're going to run up more debt in the future. You're best plan is to overcome your disability and find a job you can handle. Work for a couple months to show yourself that you're a winner not a victim, then file bankruptcy. I'm disabled and was unable to work for a few years and that was depressing. Now I work full time as a lawyer and it not only gives me an income, it makes me feel useful If you're considering suicide, get counseling. You've got a child, you need to pull through this both for the child and for you. You should also look into child support from the father.
Answered on Jun 03rd, 2015 at 11:55 AM
Please do not think there is no options available for you. SSI can be used as a basis for a Chapter 13 Plan. Schedule a free consultation with a bankruptcy attorney. They will be able to discuss your options.
Answered on Jun 03rd, 2015 at 10:57 AM
Your SSI is exempt. Even with a judgment creditors can't get at it. Only if you were going to get a new job would it makes sense to get rid of the debt via BK first.
Answered on Jun 03rd, 2015 at 10:22 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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You can file with only SSI, do not despair, life will get better
Answered on Jun 03rd, 2015 at 10:22 AM
Yeah but SSI can not be garnished so what is the point other than to get your credit back?
Answered on Jun 03rd, 2015 at 9:58 AM