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Disability and Bankruptcy Questions

Individuals who live with an everyday disability often struggle in order to pay their bills that can include credit cards, home payments, car payments and hospital bills. Once these types of bills go unpaid for a long period of time, the individuals could be dealing with the creditors. From being disabled many times they may be unable to make ends meet, which can result in filing for bankruptcy in order to find a way out from their debt. Read below where Experts have answered questions relating to disability and bankruptcy.

What is the best form of bankruptcy an individual could file, if they are disabled and in debt over $100,000?

In this case many individuals believe that the best route in order to have a new start and get out of their debt would be to file for a Chapter 7 Bankruptcy. When filing Chapter 7 Bankruptcy, an individual will be free from all debts besides any student loans or child support payments. The only other option available to a person would be to file a Chapter 13 Bankruptcy. A Chapter 13 Bankruptcy is the option to repay all the debts over a specified agreed amount of time, and have the monthly payments lowered.

In the state of Illinois and Florida if an individual is in bankruptcy, does a creditor have the right to garnish their long term disability check?

In the state of Illinois and Florida, the creditor does not usually have the right to garnish a disability check. If the individual files for bankruptcy the automatic stay will go into place as soon as they have file for bankruptcy. The automatic stay will stop all collection processes. The automatic stay will stay in effect until the individual’s bankruptcy has been completed, and their debts are released.

In the state of Illinois if an individual is in the process of be declared disabled and a credit card company sues them is the debtor liable for this debt?

In the state of Illinois, the individual would be responsible for their debt. This individual would not automatically be eligible for bankruptcy because they are eligible for Social Security Disability Insurance benefits and they would still be liable for all debts that are in their name.

If someone is planning on filing for bankruptcy if they have received a disability check after they have filed, do they need to list this as well?

When receiving disability checks and then filing for bankruptcy individuals are not required list these checks if they were received after they have filed for bankruptcy. However, if they were working, they would need to provide their pay checks before the bankruptcy filing.

In the state of Massachusetts if someone is receiving Social Security Disability and Veteran Service Connected Disability does this need to be reported when filing for bankruptcy?

Social Security Disability and Veteran Service Connected Disability are both considered types on income that will be included on a Schedule I. The Social Security Disability will not be reported on the Means Test, and for the Veteran Service Connected Disability income will in fact be reported on the Means Test.

When individuals are dealing with a disability, their income is lowered which causes them to go into debt, and can result in the need to file for bankruptcy. Many questions dealing with disability and bankruptcy often come up in these types of situations. When you need clarity about the law about disability and bankruptcy as it applies to your situation, one option is to ask an Expert.

Ask a Bankruptcy Lawyer

FiveStarLaw
FiveStarLaw, Attorney
Category: General
Satisfied Customers: 3317
Experience:  Bankruptcy Lawyer. Experienced.
9968427
Type Your Bankruptcy Law Question Here...
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2 Bankruptcy Lawyers are Online Now

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Bankruptcy Lawyers are online & ready to help you now

FiveStarLaw
Attorney
Satisfied Customers: 3203
Bankruptcy Lawyer. Experienced.
Terry L.
Attorney
Satisfied Customers: 2204
Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Phillips Esq.
Attorney-at-Law
Satisfied Customers: 950
B.A.; M.B.A.; J.D.

Recent Disability Questions

  • I am considering filing bankruptcy but I don't know if I qualify.

    I am considering filing bankruptcy but I don't know if I qualify. I have a nonprofit foundation that I put my money into; I just held an event that recouped very little. All my credit cards have been used to pay for the event I held; I also have taken a loan and done a debt consolidation, all done in attempting to get my foundation through its first year of events. So the nonprofit and me are tied together. The two bank accounts show transfers back and forth
    In order to file bankruptcy, don't I need to stop the consolidation so that one creditor is not favored over another? No account has been settled yet, but I have a tentative settlement and in order to pay it, I have to put more money into the consolidation account. I know I have to stop paying the loan, again, so my creditors are treated equally.
    The only asset I have left is some stock totaling a few thousand dollars. I still have expenses from my last event that I need to pay, but my understanding is that I can't sell the stock because that's fraud, even if I use it to pay expenses on my business. Is it just all too difficult to process? The nonprofit isn't worth anything at this point so I was told it won't affect me filing, and I was also told I qualify to file. But I'm nervous about all of this.
  • My husband makes a total of 45000 a year, starting this year.

    My husband makes a total of 45000 a year, starting this year. I ended up using credit cards and loans, payday loans, personal loans, personal credit, bank credits, charge accounts etc from the past 8 years until recently and are now over 100,000 in debt. We have 5 children 2 of which were surprises as I was deemed infertile after my 3rd child from health problems I suffered from. I've ended up over drafting my bank account so badly but making 600 payments so far to try and get it up to date but a lot of the debts payments were supposed to be wire transfers and due to my overdraft I'm unable to make those payments. We own our own home no mortgage and both our cars aren't even worth 6000 each, they're quite old. Our home has a tax home exempt value of 11000. We live in illinois. I've been wanting to speak with a bankruptcy attorney but I was told by a friend since we own our home well lose it. I'm scared to get locked up, since major purchases were done recently adding us into the over 100,000 debt. I'm scared to also lose my home, the items purchased, and be locked up... I don't know what to do...our home has a fair market value of 55000 and a rebuild value depending on insurance company of 100,000. Please help... gasping for air.
  • Thank you. How about disability or death of the student or

    Thank you. How about disability or death of the student or co borrower? Do you happen to know if private student loans are dischargeable in either of these cases? I thought federal
    Student loans were.
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