Legal Question in Bankruptcy in Massachusetts
Bankruptcy Laws for Spouse and Creditors of Social Security Disability Recipient
Being over 55 and dependent on my husbands social security disability (he will be 65 in a couple of months)we are deep in credit card debt some in his name, my name and joint names. I did keep up on them until this past year which left nothing in the bank accounts. We can't even pay for everyday living expenses. The only other assets he will have is his pension which amounts to the same as he is receiving now under disability. Am I responsible for these debts or am I ''judgement proof'' also. The telephone rings non-stop daily as I can't make any arrangements to pay these debts.
3 Answers from Attorneys
Re: Bankruptcy Laws for Spouse and Creditors of Social Security Disability Recip
Being "judgement proof" depends on a number of factors. Factors best left to an in-depth discussion with a qualified bankruptcy attorney. As for the numerous telephone calls, creditors can, and generally do, continue to call up to the time of the filing of a bankruptcy petition. Once an individual files for bankruptcy protection, creditors are prohibited from contacting the debtor. If you are faced with burdensome debt and unable to make your monthly household expenses you should discuss your options with an attorney. Most bankruptcy attorneys are willing to offer a free consulation.
I hope this helps.
Re: Bankruptcy Laws for Spouse and Creditors of Social Security Disability Recip
"Judgment proof" only means that creditors have no way of collecting from you. That does not prevent creditors from pestering you to try to collect, which I suspect is what is motivating your question. If you have no assets of significance and limited income, a chapter 7 case would get the creditors off your back. It might not solve the underlying problem, however, which is that you may need to develop more discipline about your expenses or find a way to increase your income. Most attorneys will give you a free consultation of an hour or so to take a look at your situation. Good luck!
Re: Bankruptcy Laws for Spouse and Creditors of Social Security Disability Recip
You are a prime candidate for a Chapter 7 Bankruptcy case. It was just for people such as you that the Bankruptcy Code was adopted in 1978. Do not fear. Obtain help and file a Bankrptcy case, and obtain the fresh start which you deserve.
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