Legal Question in Bankruptcy in Kentucky

My mom is thinking about filing for bankruptcy due to failing health, but I'm wondering if she is judgment proof. Her only income is from Social Security and a government pension.


Asked on 1/03/13, 6:05 pm

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

The social security income cannot be garnished (legally). A government pension would need to be examined as to exactly where it is from, but there is a high likelihood that also would be exempt from garnishment. That may not stop creditors from doing the garnishment and worrying about whether it was okay to do later. The other question is whether there are any already existing assets that can have a lien placed against, such as real property.

The phrase "judgment proof" is a bit of a misnomer. No one is judgment proof, but some people are collection proof.

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Answered on 1/04/13, 5:51 am


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