Can I file for bankruptcy because of my disability? 11 Answers as of March 23, 2015

I am disabled. I can not leave my home most of the time. The only way I can live is to use a credit card online for the emergency and needed things like medications, food and clothing. I read that if your life depends on it you can file for bankruptcy and keep one credit card for emergencies. Does this exist or are the disabled just going to have to die?

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The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You are not entitled to keep any credit cards when you file bankruptcy. But if you have no income or real estate, you may be judgment proof from the creditors anyway making bankruptcy not necessary.
Answer Applies to: New York
Replied: 3/23/2015
Stephens Gourley & Bywater | David A. Stephens
I am not aware of such an exception. However, you may not need a bankruptcy if you are disabled.
Answer Applies to: Nevada
Replied: 3/11/2015
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
You're basically asking that free food and services be given to you by the credit card company. There are organizations that can assist you with needed services and that's not one of them. The bankruptcy code does not provide for you to discharge your debt while continuing to charge up more. That would be entirely unfair. In my opinion if you wish to file bankruptcy you need to stop charging on your credit cards for at least six months. It is fraud to charge something you know you can't pay back. Unless you want the government to provide room and board I would get some professional advice from a local knowledgeable bankruptcy lawyer before you do anything.
Answer Applies to: California
Replied: 3/11/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
I have represented many disabled people. Nothing about having a disability of itself is an obstacle to filing a bankruptcy petition. As to keeping a credit card, you can offer a 'reaffirmation' agreement to a credit card company, in which basically you both agree to take it out of the bankruptcy: you continue to owe the company whatever the balance may be, and after 60 days and two payments, they may reopen the use of the card. Obviously, a company is free to refuse a reaffirmation: it's in the nature of an agreement between it and you. Also, if you want to do it, choose the card with the lowest balance and/or the lowest interest rate. However, your other credit cards will be canceled and if you are seriously considering a bankruptcy, don't use any cards at all. I hope this helps. Good Luck.
Answer Applies to: Wisconsin
Replied: 3/11/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You will not be able to keep a credit card. You can however use a debit card for those items.
Answer Applies to: California
Replied: 3/11/2015
    Ronald K. Nims LLC | Ronald K. Nims
    There is no provision in the bankruptcy code allowing you to keep one credit card. However when you file bankruptcy, it's up to each credit card company that you're dealing with to decide if they want to cancel or keep your account. If you have always paid on an account and have it at a zero balance when you file, there is a better chance that they will want to keep your account. After all, if they didn't lose any money in your bankruptcy, now you're a much better credit risk than you were before you filed (because all your other debt has gone away). In addition after you file, you'll receive a deluge of credit card offers. Most of these will have ridiculous interest rates but some of them are reasonable.
    Answer Applies to: Ohio
    Replied: 3/11/2015
    Grasso Law Group
    Grasso Law Group | Charles Grasso, Esq.
    You can file for bankruptcy and seek a fresh start from your debts. However, you cannot keep any credit cards that have a balance. You must list all debts and there can be no special treatment for any creditor. Bankruptcy will discharge your debts but you will still need to find a way to meet your ongoing necessities and expenses.
    Answer Applies to: California
    Replied: 3/10/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    All creditors must be listed in BK. If you are disabled, it may be that you are judgment proof and need not take a bk.
    Answer Applies to: California
    Replied: 3/10/2015
    John W. Lee, PC
    John W. Lee, PC | Kim A. Lewis
    You may qualify to file bankruptcy but you must list all of your creditors. That means that you cannot choose a credit card to leave off of the bankruptcy.
    Answer Applies to: Virginia
    Replied: 3/10/2015
    Scott Goldstein | Scott Goldstein
    You cannot keep any credit cards.
    Answer Applies to: New Jersey
    Replied: 3/10/2015
    You can file for bankruptcy and probably reaffirm the one credit card debt you want to keep. However, it seems that your income would be exempt from creditors actions anyway so there should be no need to file bankruptcy.
    Answer Applies to: Minnesota
    Replied: 3/10/2015
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