Can my parents file for Chter 7 if they are both disabled?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Can my parents file for Chter 7 if they are both disabled?

My mother has suddenly become disabled.

Asked on September 24, 2011 under Bankruptcy Law, South Dakota

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your parents can file for Chapter 7 bankruptcy.  The fact that they are disabled is irrelevant when filing bankruptcy.  Chapter 7 is straight liquidation which eliminates debts.  Depending on their income and other factors they may be eligible to file Chapter 7.  If they are not eligible to file Chapter 7, they will need to file Chapter 13.  A Chapter 13 bankruptcy requires a plan (budget) for repayment of creditors.

It would be advisable for your parents to speak with a bankruptcy attorney to determine whether or not they are eligible to file Chapter 7 or whether they will need to file Chapter 13.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption