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Ask WA Bankruptcy Lawyer Your Own Question
WA Bankruptcy Lawyer
WA Bankruptcy Lawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 25
Experience:  30 years practice. Author of several articles.
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I want to know if 1. I can claim bankruptcy and

Customer Question

if not can the credit card places garnishee a pension (about $325.00/month) if I apply for it and also canthey garnishee Social Security?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  WA Bankruptcy Lawyer replied 8 years ago.
GIven the information, bankruptcy is an option. Garnishing a pension is difficult but mostly not impossible. Social Security is exempt.
Customer: replied 8 years ago.
Reply to WA Bankruptcy Lawyer's Post: I do not know if I mentioned to you that I had claimed bankruptcy in 2002. Does that still make me eligible for it? I live in New York State and I do not know hte bankruptcy laws therefore my question is can I still claim bankruptcy even though I claimed it in 2002? Also you did not mention or I misunderstood can the creditors touch my pension as far as garnisheeing it? Thank you for your help. Would it help if I tried sending these creditors a few dollars a month and believe me it would be just that I have about 10 so I could not afford more that $10 each. I have to try and get health insurance as I have many health problems so the little money I get would only allow me to send them a few dollars. Thank you I look forward to your reply.Customer
Expert:  WA Bankruptcy Lawyer replied 8 years ago.
You are eligible for a chapter 13 not a 7. Sending a few dollars a month will just prolong the agony. It will not do anything beneficial.
Customer: replied 8 years ago.
You said I am eligible for 13 which if I am not mistaken is paying them back at a lower rate. However, If I retire with Social Security and my pension I will be getting appproximately $1500.00 a month. My car payment is $415.00 and my insurnace is $185, also my rent is $600.00, Not even mentioning utility bille, laundry, food, etc. Where in the world would I get any money to pay them? So what do I do just ignore them or write them a letter and tell them I lost my job and I am applying for Social SEcurity and if I do that do I tell them my outgoing amount plus the incoming amount? I so appreciate your time and trouble for helping me. I just do not know what to do.I amphysically not a well woman, I have many health problems including severe depression so Ithank you from the bottom of my heart for your kindness.If you can just anwer these few questions I will be very happy thank you again.
Expert:  WA Bankruptcy Lawyer replied 8 years ago.
A 13 paying 100 or less a month is an option. Plus payments to secured creditors. Letting the uncollectible judgments add up is another. Unfortunately, i can't think of any others.
Customer: replied 8 years ago.
Relist: I still need help.
I need to know what will happen to me, I cannot afford to pay any of my creditors maybe $5,99 a month, yes, I said $5.00 a month. I do not have anythingm certainly not money. Please someone answer...
Expert:  WA Bankruptcy Lawyer replied 8 years ago.
You are judgment proof. Filing a Chapter 13 and paying something is one option. What that somethng is is is a matter for you, your attorney and the trustee. The other option is to do nothing and allow judgments to pile up. If your only income is social security, it is pretty much untouchable. The creditors will be obnoxious but there is nothing that they can get. What will happen is that they will make your life miserable until 2010 when you can file again. However, they won't collect any money.