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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 10018
Experience:  JD, MBA
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I am 36 years old, have no job, have not worked since January

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I am 36 years old, have no job, have not worked since January 2012. Therefore,I have no income at all. Prior to that, I was out of work since June 2010.
I have chronic migraines, have been through three neurologists. The one I am working with now helps, but the headaches are still too frequent and severe for me to commit to a job. There are side effects from the migraines that manifest themselves even when my head does not hurt. I have been in the position of being unable to pay hospital bills and have had to request debt forgiveness from them. The hospitals granted my request.
I have $36,000 in outstanding credit card debt, and $3,500 in outstanding student loans. I have no savings other than a small retirement package from my former teaching positions. I do not own a car. I live with my parents and they have supported me, kept my credit card payments and student loan payments current until now, but my Mother has retired and my Dad is retiring in October. They are unable to continue to support the credit card bills. They are going to continue to make the student loan payments until the student loans are paid off.
My health insurance is very limited; I can't get traditional coverage because of my migraine situation. What I have now is expensive and my parents pay it. I have limited insurance benefits for prescriptions, some of which cost $100 per application (injectable migraine medication).
Am I a good candidate for Chapter 7 bankruptcy? I hear that filing for bankruptcy is expensive and, as stated above, I have no assets or income. I need guidance in this area and in the area of insurance, perhaps even Social Security Assistance income and eligibility for Medicare.
Can you provide any advice?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you.

It does sound like you're a good candidate for Chapter 7. You have no income, there are no problems on the front. You also have $36,000 in credit card debt that can be eliminated in the bankruptcy (note that the student loans cannot be discharged). There are no assets for the trustee to take and sell, so it would be a typical no-asset case. I don't know what you mean by "expensive," when you say that you've heard that filing is expensive. It's subjective, of course. You should be able to retain an attorney and pay all filing fees for under $2000 total for a no-asset Chapter 7 (and possibly under $1500, depending on the attorney). That is relatively inexpensive when compared to the amount debt that you have to discharge. Based on what you wrote, it sounds like filing is a good idea. If I were in your shoes, I would make an appointment with a local bankruptcy attorney and see what he thinks after reviewing all of the details.

Does that help? Please let me know if you need further clarification, as I am happy to continue assisting you. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 10018
Experience: JD, MBA
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