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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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If I declare bankruptcy, can my monthly disability retirement

Resolved Question:

If I declare bankruptcy, can my monthly disability retirement pension and monthly disability insurance benefits be garnished to pay debt? I live in NJ but am willing to move to another state, such as Florida, if this will protect my monthly income.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.
Hi JACustomer,
By federal law, disability income is exempt (protected) from collection in all states - whether or not you file a Bankruptcy.

I think this is what you wanted to know. If not, please let me know.
Thank you.
Customer: replied 5 years ago.
So this means noone can expect me to pay back debt accumulated if the only income I have is from disability? my civil union partner of one year is in the process of filing to dissolve our civil union. Will she be able to expect me to pay her anything from my disability income? I've collected this pension and disability benefit income since before I even met her.
Expert:  cfortunato replied 5 years ago.
Are any of your debts from domestic support obligations (child support or alimony)?
Customer: replied 5 years ago.

No. we have no children together, although she has one minor child aged 15. We were civil unioned in june 2010. my income the whole time was my disability. can she get alimony from me when she files to dissolve the union?


we moved to California and started a franchise business together which is currently not profitable and deeply in the red. We formed a California C corporation and it has alot of debt in the form of SBA loans, lease obiligations and professional service fees. she is running the business in California and I have returned to New Jersey. she has hired lawyers for the business and civil union. i don't want to hire and pay lawyer fees if noone can tap into my income in the long run anyway.

Expert:  cfortunato replied 5 years ago.

The only debts that can be garnished from disability are domestic support obligations.

However, you were receiving your retirement money before your civil union, and since the union was so short, your partner would not be entitled to any of your disability income.

cfortunato and other Bankruptcy Law Specialists are ready to help you