Can I file for bankruptcy if I'm disabled? 12 Answers as of August 31, 2015

I was hurt on the job in 2007. I had gone through 2 major lower back surgeries and was placed on disability. What do I do if the state won’t pay my disability?

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The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Yes, you can file on disability.
Answer Applies to: New York
Replied: 11/11/2014
Stephens Gourley & Bywater | David A. Stephens
That would be a yes.
Answer Applies to: Nevada
Replied: 8/31/2015
Ronald K. Nims LLC | Ronald K. Nims
Yes, it's fairly common for disabled persons to file bankruptcy.
Answer Applies to: Ohio
Replied: 11/6/2014
A Fresh Start
A Fresh Start | Dorothy G Bunce
I can't tell you what to do if you are denied disability because you didn't provide enough information about your case. Workers compensation claims often go through years of appeals before they are approved. Assuming you are otherwise eligible, being disabled does not prevent you from filing bankruptcy but you will want to carefully investigate the repercussions before taking this step.
Answer Applies to: Nevada
Replied: 11/6/2014
Hayward, Parker, O'Leary & Pinsky, Esqs.
Hayward, Parker, O'Leary & Pinsky, Esqs. | Michael O'Leary
A disabled person is certainly eligible to file bankruptcy. You should discuss your situation with competent, local bankruptcy counsel. As to your disability payment problems, you should discuss this issue with a competent disability lawyer.
Answer Applies to: New York
Replied: 11/6/2014
    EDWARD P RUSSELL | EDWARD P RUSSELL
    You can file bankruptcy. You should contact an attorney who does disability work to collect from the state.
    Answer Applies to: Minnesota
    Replied: 11/6/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    It sounds as though you really should speak with a disability lawyer who can review your situation with you and your claim with the state. But the answer to your question is yes, you absolutely can file for bankruptcy if you wish to. It might be a good idea to schedule a no-cost, no-obligation consultation with a local bankruptcy lawyer to see whether it makes sense to file.
    Answer Applies to: Colorado
    Replied: 11/6/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You need a lawyer who handles disability cases. You can file for bankruptcy now, but you should wait. Currently you are "judgement proof". There is nothing they can do do to collect from you. Keep tract of the annoying and multiple phone calls. Then sue the debt collectors for harassment.
    Answer Applies to: California
    Replied: 11/6/2014
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    Yes, you can file bankruptcy if you are disabled. If you've been denied for Social Security disability, you can appeal.
    Answer Applies to: Texas
    Replied: 11/6/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Most probably, but you question raises a number of issue without the facts necessary to form an opinion.
    Answer Applies to: Michigan
    Replied: 11/6/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    Being disabled does not disqualify you from filing a bankruptcy petition. This answer was provided as a public service to a question posed on the Law Q & A website. The answer is based on the information provided and is limited to those facts. Furthermore, the answer is based on California law and their application to bankruptcy law in California. Additional information could change the context of the question and materially change the answer. No attorney-client relationship has been established based on the provision of this answer. You should not really solely on this information . You should seek competent counsel and provide your attorney with all of the information that could have an effect on your decision.
    Answer Applies to: California
    Replied: 11/6/2014
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    You need to talk to a worker's comp lawyer before you begin to think about bankruptcy.
    Answer Applies to: Washington
    Replied: 11/6/2014
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