Disability and Bankruptcy Questions
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.