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Is SSI Disability lump payment {back pay} exempt if in Ch 13

Resolved Question:

Is SSI Disability lump payment {back pay} exempt if in Ch 13 Bankruptcy for 16 mos? I reside in GA.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.

Kirk Adams :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question - I'll be glad to assist.

Kirk Adams :

Generally no creditor (other than the federal government) or bankruptcy trustee can touch your cannot garnish or take away your social security income.

Kirk Adams :

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.

Customer:

does that include the backpay for disabality payments?

Kirk Adams :

YES.

Kirk Adams :

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.

Customer:

A repayment plan was in effect prior to the awarding of SSI. Do I need to advise my Ch 13 attorney?

Kirk Adams :

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.

Kirk Adams :

Generally, this could affect what you are required to pay unsecured creditors.

Customer:

Thank you very much. A well spent $36. Will add this web-site to my favorites.

Kirk Adams :

You're very welcome! THANK YOU for allowing me to assist. Also, if you need something in the future, please don't hesitate to ask. You can also find me here: http://www.justanswer.com/law/expert-kirkadams/

Customer:

Got it.

Kirk Adams :

Thanks again!

Customer:

You're welcome. Have a good afternoon!

Kirk Adams :

....and you do the same!

Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 27250
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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