Legal Question in Bankruptcy in Illinois
pension
If you are on social security and have a pension as your only income and you claim bankruptcy, will they take your pension?
2 Answers from Attorneys
Re: pension
In all probability, NO.
Re: pension
Rarely will a trustee take your income, let alone a pension. Most pensions are protected from creditors siezing it - check with your pension administrator. Social Security is not attachable by a trustee. But why do you want to file? Unless you have assets out there, your income likely cannot be taken by a creditor, so even if they sue you, they cannot take your income. This is called judgment proof. Also, when filing bankruptcy your income received and necessary expenses are important. So if your income exceeds your expenses, you may have to file a chapter 13 bankruptcy instead of a chapter 7 even though they cannot take your income. As always, these answers are vague, so I would advise you to consult with a competent bankruptcy attorney to determine if it's right for you and if your financial situation allows it. We would be happy to help you here.
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