What to do if I’ve been unemployed for almost 3 years and was going to file for bankruptcy and have now been aproved for disability and Medicare?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I’ve been unemployed for almost 3 years and was going to file for bankruptcy and have now been aproved for disability and Medicare?

I’m going to receive a check from the Treasury Department for a good amount of money. Am I still allowed to file?

Asked on February 24, 2013 under Bankruptcy Law, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am assuming you mean either SSI or SSDI disability payments here, correct?  Generally speaking, bankruptcy law and social security law protects those funds, but SSI more than SSDI.  And lump sum payments can pose a problem depending on your state law.  If you receive the lump sum before you file then you will have to trace the money and show that it was a Social Security disability payment to protect it from the Chapter 7 trustee.  Good luck to you.


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 with SHA-256 Encryption