Legal Question in Bankruptcy in California
My husband and I are filing chapter 7 asap. I have collected SSDI since 07/92 and was issued credit cards with companies knowlage of this. Can they touch my funds if I keep those bills out of the bankruptcy?
Many thank yous
2 Answers from Attorneys
You need to include all those bills into the Bankruptcy. If you are filing Ch. 7 and receive SSDI, you probably will have no trouble qualifying. As such ALL your credit card debt should be wiped out. ...You are filing for BK and once 'discharged' then you are no longer legally liable for any debt you listed. Therefore, you should not have to worry about any of those creditors you listed 'coming after you.'
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
In your bankruptcy, you must list all of your debts and all of your assets. You cannot leave anything out. I'm not sure why you would even consider keeping such debts out of bankruptcy. The purpose is to get you the relief from a fresh start.
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