Can I file for bankruptcy if I'm on disability? 23 Answers as of August 31, 2015

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GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
That would be a yes.
Answer Applies to: Colorado
Replied: 8/31/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Of course..... no reason not too unless you have a live in significant other who makes scads of money! I am also assuming you have few assets.
Answer Applies to: California
Replied: 4/10/2015
EDWARD P RUSSELL | EDWARD P RUSSELL
That would be a yes.
Answer Applies to: Minnesota
Replied: 8/31/2015
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
Yes, but the harder question to answer would be whether it is necessary or whether it makes sense.
Answer Applies to: Colorado
Replied: 4/8/2015
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
Yes you may.
Answer Applies to: Nevada
Replied: 4/8/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You might be able to file, but a better question is whether you need to file and whether it is in your best interests to file. Being on disability isn't a status that disqualifies you from entering the bankruptcy process.
    Answer Applies to: Nevada
    Replied: 4/8/2015
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    There is no law that says you cannot file for bankruptcy if you are on disability. Whether it's a good idea to file and will it achieve your goals is a different more important question that depends on other factors.
    Answer Applies to: California
    Replied: 4/8/2015
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    There is no way to answer this question. Bankruptcy is a fact specific area of the law and the answer to whether it's appropriate for you requires much more information than this. There is nothing about being on disability that makes you ineligible. There are other factors that might. There are still other facts that might impact the timing of it. Please go see a knowledgeable bankruptcy attorney near you for a consultation and information.
    Answer Applies to: California
    Replied: 4/8/2015
    Stephens Gourley & Bywater | David A. Stephens
    That would be a yes.
    Answer Applies to: Nevada
    Replied: 8/31/2015
    Kenneth A. Parker, P.C.
    Kenneth A. Parker, P.C. | Ken Parker
    Yes you can. Call a Bankruptcy Attorney to discuss your individual situation.
    Answer Applies to: Georgia
    Replied: 4/8/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    Yes, you can file for bankruptcy if you're on disability. You may have been advised not to because typical disability payments are not subject to garnishment, so you might be judgment-proof in the sense that there is nothing a creditor can take from you. If there is a particular creditor bothering you, then you might write them a letter explaining your circumstances and asking them to leave you alone. You might also qualify for free legal aid if your income is very low. If so, you could get a bankruptcy for free.
    Answer Applies to: Oregon
    Replied: 4/8/2015
    The Law Offices of Ryan F. Beach, PLLC
    The Law Offices of Ryan F. Beach, PLLC | Ryan Beach
    Yes. Disability income can be the basis of a Chapter 13 plan payment. It is also likely that you are eligible for Chapter 7. Most bankruptcy attorneys offer free consultation. I would take advantage of that to see what type of bankruptcy, if any, would be appropriate for you.
    Answer Applies to: Michigan
    Replied: 4/8/2015
    John W. Lee, PC
    John W. Lee, PC | Kim A. Lewis
    Yes, receiving disability does not disqualify you from being able to file bankruptcy.
    Answer Applies to: Virginia
    Replied: 4/8/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes there is nothing stopping you from filing. You should discuss your case with your attorney to make sure you have no unexempt assets.
    Answer Applies to: New York
    Replied: 4/8/2015
    Freeman Law Group, LLC
    Freeman Law Group, LLC | Derek Freeman
    Yes, you can. But a better question is should you file bankruptcy? The answer to this is not so simple. If your only source of income is Social Security Disability, and you have a devoted account for disability payments (in other words, you don't put money from any other source into the account), then you are essentially judgment proof. This means that, since your only income is from an exempt source, creditors cannot force you to pay them, through getting a judgment and garnishing wages, bank accounts, etc. That said, creditors can still call you, write you, and generally annoy you. Also, if you come into some money from a non-exempt source, creditors can get at that money. So, depending on your situation, it might be worth it to file. You should talk with an attorney about your specific situation.
    Answer Applies to: Colorado
    Replied: 4/8/2015
    Idaho Bankruptcy Law | Paul Ross
    That would be a yes.
    Answer Applies to: Idaho
    Replied: 8/31/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You should be able. I suggest you confer with and attorney about you options.
    Answer Applies to: Michigan
    Replied: 4/8/2015
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