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Does bankruptcy filing affect Social Security Disability?

My husband dies on august 2003. I have a home and I'm on social security disability. I am finding it hard to pay off my debts. I need to do something to pay down the mortgage on my home. I receive only $700 a month on disability. I got some fuel assistance last year. But do you think I should go for help to the welfare office. I don't want to file bankruptcy though but then what's going to happen to my social security income? And to inform you I really don't have that much cash to file even a bankruptcy

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Macs,

I do feel that you should have a talk with the welfare officer. You can tell inform them regarding your situation and try to get help to come out this situation.

Rosetta

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hello Macs,

I do understand your situation but I feel that there is not much to worry :) . Your Social Security income cannot be garnished, or taken away by the lenders. You will be able to keep all your monthly disability check and also eliminate your debt completely if you file for bankruptcy.

Your loan balance must be pretty low for you to be paying the mortgage using only your Social Security. This means that you may be able to protect most or all of the equity even if a lender has a lien placed against the house. This depends on what state you live in.

I would suggest that you consult an attorney to see how much of the equity in your home you can protect. Also, you may consult the lender to help you find ways to access the home equity and come out of the debt.

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miller_st's picture
miller_st | Joined: January 17, 2007 04:47 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Sorry to hear about your husband's death Macs.

The condition you are in my opinion would be to get in touch with the welfare office to get some assistance. They will also provide guidance on how to come out of the debt burden you are in.

Miller

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larry2's picture
larry2 | Joined: June 27, 2007 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Macs,

Bankruptcy and social security disability are mutually exclusive of itself, have nothing to do with one onother, and have no effect on each other. You do not lose your rights by filing bankruptcy.

So, creditors cannot garnish your social security disability income even with bankruptcy.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I'm currently in the middle of a bankruptcy case due to the fact that I have become unable to work. I recently applied online for my social security disability and yesterday I received a call saying they could not help me because I am currently filing bankruptsy. Can you shed some light on this for me?

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Pcuf,

As far as I know, filing bankruptcy does not cancel or impact your right to receive Social Security benefits. It is quite surprising to me that you have been refused the social security benefits.

Thanks.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I believe SS CAN be garnished, but that's if you get over $700.00 or $750.00 (at least in WI). They took my stimulis check of $250.00 and I get $522.00 SS. They said I owe on a student loan from 35 years ago. I don't and now I have to fight something else. It really gets me how they pick on the poor, instead of the doctors and lawyers with outstnding bills.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Jude!

Welcome to forums!

Check out a discussion related to your query in the given forum page.
http://www.mortgagefit.com/bankruptcy/socialsecurity-disability.html

I hope it'll definitely help you.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I am on social security disability.I have a bankrupcy from 2008. Three years ago,I leased an '07 Honda accord. The lease will be ending next month (March 14th 2010) and I need a loan to either buy the car that I've been leasing, or a smaller loan for a down payment on a 2010 Honda. To buy the '07 leased Honda would cost almost 14,000.00. To buy a new 2010 Honda, all I would need to put down is 5,000.00. There was also a nice second hand car costing only 8,000.00. Please tell me what I will be able to do as I do need a loan. I have a co signer which will help. Thank you, Pamela

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

You had filed bankruptcy in 2008. In that case, I don't think you would be able to get a loan immediately. However, I would suggest you to speak to some of the lenders giving car loans and take their opinion in this regard. They will let you know whether or not you would get the loan.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I receive Social Security disability and also a disability check from employer where I worked before I got multiple sclerosis. I must file for bankruptcy. What will happpen to my disability checks?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Juanita,

As far as I know, you will be able to keep all your monthly disability checks though you file bankruptcy. The trustee won't be able to garnish your disability checks.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have got approved for SS disability, I also receive child support can either one in the State of Texas be garnished if I file bankruptcy? I owe aprox 62K and the attorneys are now calling me non stop. Please HELP!!

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Meme,

As far as I know, social security income and child support are not garnished while you are in bankruptcy. However, if you deposit the amount in an account and if that account has a judgment against it, then that account can be garnished. The creditor will not check out where the amount came from.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

im in a bind. i filed disability and waiting on a hearing. i wont get my hearing till next april at the earliest. my money has run out. i have to pay cash up front for drs as they dont accept credit cards. i have to be monitored im high risk for lupus and i have asthma. even if i filed bankruptcy that would only take care of my credit card what about my car insurance? i live in ohio i dont know where to go to get help. any suggestions?

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

You can include all your debts while you file bankruptcy, including your car insurance. If your car is sold off to pay off your creditors by the trustee, then you won't be liable for paying the car insurance. As you're in Ohio, you need to contact a Ohio based attorney who will help you in filing bankruptcy and will guide you in dealing with the car insurance.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I filed for chapter 7 on june 16 and then on june 21st I found out I recieved a check from social security for my case pending and got a settlement after they checked out my bank accounts. What do I do now? Can the bankruptcy take it away and do I need to report it

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

As far as I know, the social security income that you receive will be exempt when you are in bankruptcy. Thus, I don't think the lender will take out the money that you receive from social security. However, you should contact your bankruptcy attorney and take his opinion in this matter.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i have been disable since 2000 but now i want to file bankruptcy,i also received social security check each mouth what site you help me find free advice

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

I won't be able to let you know about a website which offers free advice in this regard. You need to contact an attorney in order to file bankruptcy. The attorney will be able to help you in a better way and guide you as to which chapter of bankruptcy will best suit you.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i guess it really depends on where you live cuz i live in michigan and if you file for bankruptcy its said that you cannot recieve help from the state for a minimum of 7 years.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

in mi we have what is called dhs do u have that?

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jyork56ford's picture
jyork56ford | Joined: October 11, 2010 05:09 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mom is on Social security disability and my mom has nobody to take care of her money. I did a bankruptcy, but it has been discharged about a year ago, will that disqualify me to take care of her money? It will go into the bank account.

Another question: My fiance has a bank account, with me on it also, will that disqualify the social security disability payment if she is not family yet?

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi jyork56ford,

As one year has already passed since you filed bankruptcy, I don't think you'll face any issues in managing your mother's bank account and social security income.

If your mother receives the social security income check, then she can cash in the amount and deposit it in any account. Thus, you can deposit the money in your fiancée's account. However, in my opinion, it's better to deposit the money in your own account.

Take care.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i live in delaware if, if i file for bankruptcy can they garnish my disabilty checik

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome vick,

As far as I know, your disability check cannot be garnished if you file bankruptcy.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i draw s s can i file bankruptcy and not lose my home?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi randy!

Welcome to forums!

You can reaffirm your mortgage if you're filing chapter 7 and save your property. If you're filing Chapter 13, then you will get a repayment plan to pay off the loan and save the property.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

WILL CO-SIGNING FOR A CAR LOAN AFFECT MY DISABILITY BENEFITS?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I don't think co-signing for a car loan will affect your disability benefits. However, after you co-sign, you'll remain equally liable for paying off the car loan as the primary borrower. If you're not sure about paying off the debts, it's better to not co-sign for the loan.

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