Legal Question in Bankruptcy in Georgia
Social Security Disability and Ch. 7 bankrupcty
I am about to start receiving Social Security Disability payments. In addition to the regular monthly payments, I will also receive a one-time retroactive payment equal to roughly 16 months worth of payments.
I have been unemployed for almost a year and my credit card debts are out of control ($30k and rising). The SSD payments will cover my regualr monthly needs, but I have no way to pay off my debts, so I am considering filing CH. 7.
My question is this: is that large 16-month SSD payment, or any of my disability money, exempt from the bankruptcy process?
I will need that 16-month SSD payment to cover future medical expenses, so I can't really afford to go bankrupt and lose all of that money if it is used to pay off my debts.
I will not file for bankruptcy unless I am certain that my disability money can't be touched.
1 Answer from Attorneys
Re: Social Security Disability and Ch. 7 bankrupcty
I would have to meet with you and see all your financial information to know what you could exempt, but you may be able to protect some or all of the amounts. If you're in metro Atlanta, get our free worksheet packet at www.glenashman.com, complete it, and call me to review it.
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