Can I keep back disability pay that I receive it after I file?

Question Details:

I am looking at filing for bankruptcy but also am in the process of filing for disability. I should get back pay but I need this money to live and pay future hospital bills. Will this money have to go towards the bankruptcy or can I keep it?

Asked 9/12/2011 under Bankruptcy | 103 View(s) | More Legal Topics

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Bankruptcy Law Answers

Mark J. Markus / Mark J. Markus, Law Offices of Answered 8 months ago | Contributor This attorney is licensed in California

That depends on what exemptions you have available under applicable law in your case. Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections. Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.

Mark J. Markus, Attorney at Law

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