Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question - I'll be glad to assist.
Generally no creditor (other than the federal government) or bankruptcy trustee can touch your cannot garnish or take away your social security income.
I you file for bankruptcy, your monthly social security payments should be shielded from creditors. Also, any lump sum payments (for back benefits) should also be protected from creditors.
does that include the backpay for disabality payments?
The bankruptcy court WILL include social security disability benefits into your budget for making payments to creditors under a chapter 13 plan, but that is just used to determine how much you can/will have to pay each month.
A repayment plan was in effect prior to the awarding of SSI. Do I need to advise my Ch 13 attorney?
Yes, you would need to inform your attorney because the additional income could change your plan payment amount. BUT, you'll be allowed to keep your money.
Generally, this could affect what you are required to pay unsecured creditors.
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