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Can my disability lump sum payment be garnished if I filed for bankruptcy 9 years ago?
Wiki User
∙ 15y ago
Congress speciifically excluded Social Security disability benefits from the median income test calculations. This means that your Social Security benefits do not count when calculating your household income for median income/means test purposes. Further, there is a good chance that your on-going Social Security benefits will be considered as an exempt assets, although you should discuss with your lawyer about whether any lump sum owed you for past due benefits is exempt. On the other hand, on-going Social Security benefits are counted when you create your bankruptcy budget (Schedules I and J), so your SSDI benefits may change your disposable income picture. If you are in a Chapter 13 and receive your Social Security disability award, you and your lawyer may need to modify your plan. Your Social Security lawyer may also need to seek Bankruptcy Court approval for his fees.
In any case, filing bankruptcy does not cancel or impact your right to receive Social Security benefits. So while your benefit MAY be subject to garnishment...not for anything from your BK...the BK makes no difference now...those debts were discharged.
Wiki User
∙ 15y ago
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If you filed for bankruptcy 9 years ago can your disability lump sum be garnished?
No, I believe Bankruptcy goes off your record in 7 years. Check the law in your state.
Can the company who filed bankruptcy stop your long term disability after twenty years paid into this plan when working?
the reason for cancellation is bankruptcy can they do that?
If your wages are being garnished after you filed for bankruptcy in Ohio can the collection agency keep what they've taken and how can you stop the garnishment?
Once the bankruptcy is filed the automatic stay will halt the garnishment action. However, monies taken before the bankrupcy was filed will not be returned to the debtor.
Is there a minimum for garnished funds to be returned when a bankruptcy is filed?
Garnished funds will NOT be returned to you. If it was a significant amount, the bk Trustee can claw back that money and use it to pay your creditors. Otherwise, that money is gone.
You filed chapter 7 and they are still taking money from your check?
WHO is still taking money from your check? and, for WHAT purpose is the money being garnished? If it is for IRS liens, child support, or some other court ordered payment, those are not affected by bankruptcy filings.
If you have a promissory note from a person who filed for bankruptcy in Texas can you still recover the money you were owed?
No. In fact, if the debt is paid after a bankruptcy has been filed the entire bankruptcy can be considered invalid and all other debtors will be able to demand payment.
What happening to you if the court reopen your bankruptcy case?
Motions to reopen bankruptcy cases shall be accompanied with the payment of any prescribed filing fees. Payment of the filing fee to reopen a bankruptcy case filed by the trustee due to the discovery of additional assets in the estate shall be payable at the time the motion to reopen is filed.
If you filed chapter 13 and joint bank acct was garnished will they to unfreeze your funds?
In the state of North Carolina it is illegal for any organization to garnish your wages. I'm not sure the state that you filed your Chapter 13 bankruptcy, but my suggestion is contact your bankruptcy attorney and tell him the situation.
If cosigner filed bankruptcy can bank force you to pay off vehicle or return it even if payment history is good?
No
Does VA disability compensation count towards means test as income when filing ch 7 bankruptcy?
I filed chap 13 Aug of 08 and they did include my VA disability as income.
Can you get your garnished wages refunded?
Depending on when your bankruptcy is filed, on the day it was filed, the wage garnishment must stop. If it didn't stop on that day, you are entitled to have your garnished wages refunded. However, no wages will be refunded prior to your bankruptcy filing date.
How long after your bankruptcy has been discharged can you purchase a home?
my brother filed then got married she has good credit but no job. they bought one a year after he filed but had to have a large down payment.
