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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2820
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I am 66 years old, work full time

Customer Question

I am 66 years old, work full time at $30.00 hr, receive Social Security at $450.00 a month and a VA retirement annuity of $2100.00 a month. I have a medical condition termed "Vestibular Neuritis" and Diabetic peripheral neuropathy which means in total that these two conditions interact resulting in giving me a near constant state of instability when I walk, turn my head left or right, up and down. I feel like I am attempting to stand up in a canoe and walk back and forth in it without falling in the lake. I often trip on rugs, my own feet or objects on the floor that I cant see as it makes me even more dizzy to look down and walk at the same time. I can not walk outside at dusk or in the dark as I would become severely compromised to the state of having to crawl from point A to B. I keep flashlights in my briefcase, car and in every room of my apartment to assist me if I should go to sleep and find myself with out light. I work in a very high pressure job (RN/Quality Manger). I also am assigned "on call" duties at my job which can require me to visit patients in their home and have to bend, stoop or otherwise lean over which is very difficult if not nearly impossible for me to do. If I were to quit my job an attempt to live off my social security and VA annuity I would be about $3,000.00 in the negative each month My medical condition is also aggravated by the stress of my position. Is bankruptcy a viable option for me? If so, do I need to be medically certified as "disabled" to aid in that legal matter. I would receive NO additional social security benefits if I were to be declared medically disabled due to the fact that I receive a VA annuity. At least that is my understanding. Thank you, XXXXX XXXXX your answer. Steve XXXXX

Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 4 years ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

at this point, bankruptcy would not be an option

Terry L. :

once you have a change (decrease) in income, then your chances increease

Terry L. :

the court looks to total monthly income for your household size.

Terry L. :

this is called the means test

Terry L. :

if you have disposable monthly income per the means test, then chapter 7 is not an option absent special circumstances

Terry L. :

is your medical condition such?

Terry L. :

perhaps

Terry L. :

the court will also look at the assets you have as well.

Terry L. :

you may want to consult with a local bankruptcy attorney.

Terry L. :

they can determine the best chapter to file, and when to file (you'll most likely need to let some of your income push out of the 6 month window in order to pass the means test)

Terry L. :

you didn't mention what debts you have, and that needs to be factored in as well.

Terry L. :

most bk consults are free. you should google the means test, and can run some free calcs. online to get an idea as well

Terry L. :

let me know if you have any further questions

Terry L. :

thanks for your inquiry, good luck

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