What is the bankruptcy law for someone disabled on SSDI? 11 Answers as of May 17, 2016

How much does it cost? Where US the court? How long does it take? Is there a minimum for debt to be able to file? Thanks.

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Ronald K. Nims LLC | Ronald K. Nims
There are two parts to the cost, the court fee - $335 in my district and the attorney fee which will vary based on who you choose and how complex your case is. The court is the Federal bankruptcy court for your region, most decent sized cities have one. A simple case will take four months, but all the activity is in the first month. There is no minimum debt amount but it usually doesn't make sense for people with less than $5,000 of debt.
Answer Applies to: Ohio
Replied: 5/17/2016
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
The bankruptcy law is the same for for someone who is disabled as for anyone else. Bankruptcy is fact specific and this person should see a knowledgeable local bankruptcy lawyer for advice. The court filing fee varies depending on the chapter. A chapter 7 is $335. Attorneys charge different amounts. Some counties have help at legal aid or other pro bono services,some do not. It is in Federal Court which depends where the petitioner lives. You can find a lot of this information at the court's website. There is no minimum amount of debt to file. If there is little income and no assets a disabled person may not need to file. Please speak in person to that knowledgeable local bankruptcy lawyer.
Answer Applies to: California
Replied: 5/16/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
The bankruptcy law is the same for everyone. Most people on social security disability do not need to file bankruptcy and receive little or no benefits from going through this process.
Answer Applies to: Nevada
Replied: 5/16/2016
Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
Why do you need to file they can not take your SSDI?
Answer Applies to: New York
Replied: 5/16/2016
Law Office of Stuart M. Nachbar, P.C.
Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
Just because your on SSDI, does not change anything. It means that your income is lower for the Means Test. The Bankruptcy is still done in the Bankruptcy Court in your region. If New Jersey, that would be either Trenton, Newark or Camden. No minimum on debt. Cost depends on the attorney you choose. It is 335 filing fee. Other costs are Credit Import, and Credit Counseling. Fees range from $1250 to $3500
Answer Applies to: New Jersey
Replied: 5/16/2016
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    There is no minimum as to the amount of debt you must have in order to file under chapter 7 of the bankruptcy code. Bankruptcy is a federal matter: it starts with the debtor's filing a petition with quite a lot of information about her property, her debts, her budget. Generally, retaining a skilled bankruptcy lawyer is a good idea, and almost always worth the investment. The court filing fee for a Chapter 7 is $335. Lawyers fees vary a great deal, but in the Western District of Wisconsin, they run from about $1000 to about $2500.
    Answer Applies to: Wisconsin
    Replied: 5/16/2016
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You can file, but if you own very little and your income is limited to SSDI you don't need a bankruptcy. There is NOTHING they can do to you. I charge $1200.00 plus the filing fee and takes about 4 months. There is no minimum debt. If you are being hounded by debt collectors, see a lawyer who handles "fair debt collection practices act" cases.
    Answer Applies to: California
    Replied: 5/16/2016
    Patrick W. Currin, Attorney at Law | Patrick Currin
    I don't believe it is necessary to file if you don't figure to have added income in the future.
    Answer Applies to: California
    Replied: 5/16/2016
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You may file bk, and based upon your income you may qualify to have pro bono assistance and waive the filing fee.
    Answer Applies to: Nevada
    Replied: 5/16/2016
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    The income from SSI does not count for qualifying you for the BK. Costs depends on many factors and which chapter to file. Yes it is in federal court wherever you live. Depends on the chapter to tell you how long. There is no minimum but it does not make senses if you have less than $7,000 in debt.
    Answer Applies to: Florida
    Replied: 5/16/2016
    Stephens Gourley & Bywater | David A. Stephens
    The filing fee is $335.00, which may be waived by the court. IF you retain an attorney you will have to work out his fees with him. The Courts in Nevada are in Reno and Las Vegas. It takes about four months from beginning to end.
    Answer Applies to: Nevada
    Replied: 5/16/2016
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