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Legal Eagle
Legal Eagle, Attorney
Category: Legal
Satisfied Customers: 540
Experience:  I am a practicing attorney with experience in many fields
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we have a living trust both are on disability we pay or house

Customer Question

we have a living trust both are on disability we pay or house payment but cant pay the credit cards the lawyer told us we dont have to file bankruptcy due to we are uncollectible and they cant take it from or disability
Submitted: 8 years ago.
Category: Legal
Expert:  Legal Eagle replied 8 years ago.
Why did the lawyer tell you that you were uncollectable--because of disability or because of the trust?
Customer: replied 8 years ago.
Expert:  Legal Eagle replied 8 years ago.

Generally speaking, a living trust provides very little protection from creditors during your life. If you are trustees, and have full control over your assets, creditors can still come after your assets in the trust. The fact that a trust is in place may discourage some attorneys, but ultimately it will not protect you from creditors if they are determined to get your assets.


I am not a bankruptcy attorney and therefore do not feel I can advise you further about bankruptcy, but your disability may not be garnishable, but creditors can still get a judgment against you and may be able to lien your house and push you into bankruptcy or foreclosure. Even if creditors are unable to collect they can still make life hard.


Was the attorney you spoke with a bankruptcy attorney? If not seek one out in your local area and dicuss things further.

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