Is it possible to file bankruptcy with SSI? 14 Answers as of August 27, 2015

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 fiancé 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.

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Stephens Gourley & Bywater | David A. Stephens
That would be a yes.
Answer Applies to: Nevada
Replied: 8/27/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
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.
Answer Applies to: Nevada
Replied: 6/3/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Bankruptcy will fix your debt problem and if you have federal loans we can get you a zero per month payment. We can fix your financial problems so you do not have to even think of any drastic measures.
Answer Applies to: New York
Replied: 6/3/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
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.
Answer Applies to: Wisconsin
Replied: 6/3/2015
Ronald K. Nims LLC | Ronald K. Nims
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.
Answer Applies to: Ohio
Replied: 6/3/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Well you can't get money from someone on SSI either so please do not kill your self. There is a program whereby you can get a "pass" on the student loan debt. It is a federal program and you can find it on the web. Google "federal government student loan debt relief plan". it will come right up. Make sure you open the link that has a ".gov" extension. The form is not hard to fill out. You will be denied the first time, just keep submitting it with proof of the SSI income and medical records or a letter from your doctor. The last time I did one for a client I resorted to sending a picture which showed her in dire straits. That got it approved. Be creative with your proof if needed. Even if your creditors get judgments against you there is nothing they do to you. You are what we call "judgement proof". So just sop paying them. Send a letter telling them to stop calling you. Explain your circumstances. Send the letter certified mail, return receipt. Keep the receipt and a copy of the letter. When they call you again find a lawyer. You can sue them! Bankruptcy is certainly an option as well. Lastly: Please get help for your thoughts about offing yourself.
    Answer Applies to: California
    Replied: 6/3/2015
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Yeah but SSI can not be garnished so what is the point other than to get your credit back?
    Answer Applies to: New York
    Replied: 6/3/2015
    Scott Goldstein | Scott Goldstein
    You can file when you are on SSI. Please go seek out a bankruptcy attorney to help with the filing and a counselor to help with the suicidal feelings. Best of luck!
    Answer Applies to: New Jersey
    Replied: 6/3/2015
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