Q: Can I apply for bankruptcy bought stuff about 3 month ago, having problems to pay, I'm on disabilty can I file

A: Based on the few facts that have been provided, I don't see any reason that you couldn't file. Outside of a prior bankruptcy filing there is not a whole lot that precludes you from filing at all. What you face more often would be problems with being able to keep property, problems with being able to discharge certain kinds of debts, and problems with payments you made to certain creditors (like paying off the loan to your relative while not paying the credit card companies).

On the disability issue, being on disability doesn't prohibit you, in and of itself, from filing. Note that Social Security benefits, including disability benefits, are not included in your means test calculations. If your only income is disability payments, you may well qualify for a Chapter 7 filing, which is generally the preferred type of bankruptcy for most people.

As for buying "stuff" three months ago, a lot depends on how you bought it. If you bought it on a payment plan, with the "stuff" securing the loan, then the seller can likely take back the "stuff," assuming they'd want it (really depends on whether they can resell it). If you used credit cards, the problem you might face would be that the credit card company could argue that you used their cards to pay for the "stuff" with no intention of ever paying them for the purchases. This argument is being asserted more and more often, and the principle issue is whether or not you were already insolvent at the time that you made the purchase. That could limit your ability to discharge that portion of the debt, though it should not impact other debts.

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