Legal Question in Credit and Debt Law in Pennsylvania

I have been out of work on STD since 10-2-09 & awarded SS Disability with my first check arriving approximately 4-21-10. I am having a very difficult time financially. I am in a debt program for some of my credit cards-they negotiate with creditors. I have a car-payment of $676.13 a month. They are charging me a very high rate of interest and I have asked them to refinance but they will not. This high interest is due to past financial issues. I pay out approximately $1300 a month total bills-that includes some of my medications for my illness. My SS Dis. will be $1683 a month. This leaves me $383 for food & other things such as my doctor appts. I will be losing my health insurance so I will also have that monthly bill..I don't know what it will be-I cannot afford COBRA

thru my past employer. I will also lose my life ins.- so I need that also. I need counseling for depression but cannot afford that either. I filed bankrupcty in NYS-discharged 11-1-95 due to a nasty divorce. Filed again discharged in 2-11-04 due to getting out of abusive relationship.

Can you advise if I can file again-not sure what to do. Could I voluntarily surrender my car? If I do can they garnishee my SS Disability Pay? Should I change any bank accounts over to someone else's name? My SS Checks will be direct deposited in my account at my bank. I am not making bills just to file bankruptcy and get out of paying them. I have worked all my life and have had some very undesireable things happen to me. This illness/disease was a complete surprise - I assumed I would work until retirement and had every intention of paying my bills. I am very confused and upset over this and do not know what to do. I may be able to afford the monthly bills if I can do away with the car payment.


Asked on 3/22/10, 7:58 am

1 Answer from Attorneys
Matthew Nahrgang Nahrgang & Associates, P.C.

You can't file another Chapter 7 for 8 years after your last one was filed. In the meantime, they cannot attach your wages, but they can sue you. You could defend any lawsuit pending a bankruptcy.

I trust this answers your question but feel free to call or e-mail on a free initial basis.

Read more
Answered on 3/29/10, 11:29 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Pennsylvania