What are the counseling and education requirements for filing? How do I choose a good bankruptcy attorney? What should I expect from my bankruptcy attorney Recovering from Bankruptcy How will my credit be damaged if I file for bankruptcy?
How do I go about rebuilding my credit score How long will it take before I can qualify for a mortgage or a car loan? Should I pay for someone to help me with credit repair post bankruptcy? File bankruptcy without a social security number? The following two tabs change content below. Bio Latest Posts. No, the court does not need your social security card. But, your bankruptcy trustee will have to confirm that the social security number listed in your bankruptcy records is actually your social security number.
The best evidence is your original social security card. Attorney Andrea Wimmer. Andrea practiced exclusively as a bankruptcy attorney in consumer Chapter 7 and Chapter 13 cases for more than 10 years before joining Upsolve, first as a contributing writer and editor and ultimately joining the team as Managing Editor. While in private practice, Andrea handled Take our screener to see if Upsolve is right for you. Upsolve is a c 3 nonprofit that started in Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app.
Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. We have world-class funders that include the U. Most people who are entitled to SS and SSDI benefits and these benefits are their only income receive an amount that is well below their monthly expenses, so qualifying for a Chapter 13 is generally not possible for someone who only receives SS or SSDI benefits. Now that you have a basic understanding of the two bankruptcy options, you need to consider whether bankruptcy is the right choice for you.
Federal law U. For example, if you have a joint account with a spouse, and you deposit your SS or SSDI benefits into that account, and your spouse deposits some other form of funds into that same account, it may be difficult for you to prove how much of the balance of that account is actually SS or SSDI benefits, and therefore creditors may be able to garnish the entire balance of that account I highly recommend that you maintain a separate account ONLY for your SS or SSDI benefits, and that you NEVER deposit any other type of funds in that account.
So, you do have the option of simply not paying your creditors for these debts, and avoiding bankruptcy. However, there are some negative consequences to this option that you should consider. If the stress of creditors attempting to collect debts from you is too much for you to handle, or if the negative impact not paying these debts will have on your credit score is something you would like to avoid, then a Chapter 7 bankruptcy may be your solution.
Creditors generally cannot recoup any money from your social security income. You should determine, however, if you own any other real or personal property that creditors could get their hands on. It is best to review your situation with an experienced consumer bankruptcy attorney. Even if you are judgment proof, you may still want to file a Chapter 7 or Chapter 13 bankruptcy. If you have secured debt, such as a mortgage or car payment, and you are behind on your payments, Chapter 13 may give you the ability to bring these secured debts current, while still getting rid of your credit card or medical debt.
There are some social security recipients, who are judgment proof and have no non-exempt assets, but still want to file Chapter 7 bankruptcy. The primary reason is that they want to stop the phone calls, bills and demand letters.
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