Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
If she qualifies for benefits, how does that affect the bankruptcy process?
Response 1: Her eligibility for Social Security benefits does not affect her bankruptcy case. Her Social Security benefits are not even included in the means test calculation, as income. She should be more than okay.
Can she halt the bankruptcy process while Social Security is assessing her eligibility?
Response 2: There is no reason to halt the bankruptcy process. Bankruptcy does not affect her Social Security benefits. Social Security benefits are completely exempt from execution pursuant to 42 U.S.C. Section 407.