Legal Question in Bankruptcy in California
disability income
my husband and I are thinking about filing chapter 13 bankrupcy. Will my disability income be taken (I am disabled)? to pay debts?
3 Answers from Attorneys
Re: disability income
The question begs for a more probing question. If your sole source of income was SSI and you miststated your income, to obtain access to consumer credit, then you have a potential fraud problem. Could this be the reason you are contemplating a chapter 13 ? if so you still need sufficient income to make the plan duable.
Re: disability income
you need to show that you have enough income to make plan payments.
Re: disability income
What is taken to pay debts is the excess income from all sources after deducting reasonably necessary living expenses and secured debt payments. Whether that is part of your disability income or part of your husband's earnings depends on which you consider to be "first in".
Related Questions & Answers
-
My Attorney Filed Bankruptcy My attorney filed bankruptcy (I don't know when). I... Asked 12/20/07, 3:41 pm in United States California Bankruptcy Law
-
How likely is it to be sued for fraud by a lender We filed bankruptcy and included a... Asked 12/19/07, 10:18 pm in United States California Bankruptcy Law
-
Vengefull Lender We filed bankruptcy in April and recieved discharge in July we... Asked 12/19/07, 5:10 pm in United States California Bankruptcy Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
