Disability Payments and Bankruptcy

Bankruptcy Attorney Dayton, Oh

Many people question whether their disability payments would be affected if they were to file for bankruptcy. The short answer is: they would not. However, there may be exceptions. Most states have exemptions for disability payments in a bankruptcy; however you will have to make absolutely certain that your state is included. There are also questions pertaining to ongoing payments versus lump sum payments. So there are a few grey areas that you will need to explore before going ahead with a bankruptcy if you are currently on disability payments.

Remember also that this is for Chapter 7 bankruptcy protection. Chapter 13 bankruptcies is a little bit different in that when you apply for chapter 13 you are essentially agreeing to paying back your creditors over a 3 to 5 year period. Yes, the creditors may no longer be able to harass you endlessly but you are still going to have to make those payments on regular and consistent basis to keep the plan viable and enforceable.

Be sure to seek the advice of a competent and qualified bankruptcy attorney before making any decisions as to whether bankruptcy is the right step for you. However, you can rest easy knowing that in most cases your disability payments are safe under current laws. There are some exceptions to this general rule and it behooves you to get clear and honest advice form an attorney to be sure you meet the criteria. Where you live and the type of disability can all be factors so be sure to get the right information at the right time.

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