Can I file for bankruptcy? 17 Answers as of March 22, 2011

Can I file bankruptcy? I am disabled and receiving receiving disability and Social Security income. I am not getting enough money to pay my debts. What should I do ?

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Benson Law Firm
Benson Law Firm | David Benson
Anyone can file bankruptcy. It's just a matter of under which chapter they are permitted to file and whether they will, in the end, receive a discharge of all their debts. However, SSI and SSDI is generally not subject to garnishment and thus filing bankruptcy may not be absolutely necessary. But a conversation with a qualified lawyer may be a good idea. Most initial conversations are free.
Answer Applies to: Ohio
Replied: 3/22/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
You should consult a bankruptcy attorney in your area for guidance. Bankruptcy is complex and works in many different ways for people with differing debts, differing income and different assets.
Answer Applies to: Indiana
Replied: 3/16/2011
The Doan Law Firm
The Doan Law Firm | Shawn Doan
Yes you can, regardless of your disability.
Answer Applies to: California
Replied: 3/15/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
You will likely be able to file bankruptcy. However, it sounds like you're judgment proof even without filing since your income is exempt from garnishment. One thing to consider though is if you own property, creditors may attach a lien to it if they decide to proceed with litigation.
Answer Applies to: Washington
Replied: 3/14/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
Bankruptcy is definitely an option, although you may very well be judgment-proof depending on what assets you have and how much disability you receive. You should consult with a bankruptcy attorney in your area to go over the specifics of your situation and advise you as to your options.
Answer Applies to: California
Replied: 3/14/2011
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    The best way to see if bankruptcy is the best option for you is to get a free consultation with a Certified Bankruptcy Law Specialist. I will be happy to do this for you. Call me.
    Answer Applies to: California
    Replied: 3/14/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    It depends on your individual circumstances as to whether or not you can file a Bankruptcy. If you have filed a Chapter 7 Bankruptcy within the last seven years and received a discharge then you may not file a Bankruptcy. However, you should consult with an attorney to determine if there is a reason that you cannot file specific to your circumstances.
    Answer Applies to: New Hampshire
    Replied: 3/14/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Anyone can file bankruptcy, the real question is is it in your best interest. Without having all of your financial information, there is no way to tell. Have a free consultation with a bank lawyer.
    Answer Applies to: Alabama
    Replied: 3/14/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, you can file bankruptcy. Contact NACBA.ORG to find one near you. Shop around on price.
    Answer Applies to: California
    Replied: 3/14/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Assuming that the value of your property is not too much (and you need to consult with a lawyer on this), it sounds like a Chapter 7 bankruptcy filing might be what you need to wipe out your debts. Although you might be judgment proof because of low income and no property that can be taken, many senior citizens want peace and don't care much for credit. Therefore, bankruptcy might be what you need to stop the calls, letters and lawsuits that will eventually arrive if you do not pay. Make sure you have an office consultation with a local bankruptcy lawyer. It is usually a free initial office consultation so that you can have all the information you need to decide what is best for you in your particular situation.
    Answer Applies to: California
    Replied: 3/14/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You many qualify for filing for a chapter 7 bankruptcy, depending upon how much you receive each month. Please contact me for a free consultation.
    Answer Applies to: California
    Replied: 3/14/2011
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