What part of Social Security payments are exempted under a Chapter 7?

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What part of Social Security payments are exempted under a Chapter 7?

I understand Social Security Disability is a valid exemption. Does that include the lump sum back pay as well, or just the monthly payments?

Asked on February 1, 2011 under Bankruptcy Law, Florida

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 10 years ago | Contributor

Social security disability is different from "regular" social security payments.  They are most likely exempt, but it depends on the laws of whatever state's exemptions apply in your case.  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. 

For more on exemptions, see http://www.bklaw.com/exemptions.html

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 10 years ago | Contributor

Social security disability is different from "regular" social security payments.  They are most likely exempt, but it depends on the laws of whatever state's exemptions apply in your case.  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. 

For more on exemptions, see http://www.bklaw.com/exemptions.html


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