Phoenix, AZ asked in Bankruptcy for Arizona

Q: I have 10,000 or less in debt and on disability been about 3 month ago that I bought stuff, can I apply for bankruptcy

Been on disability for 10 years can I apply, someone told me I couldn't is that true

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1 Lawyer Answer
Michael Gerity
Michael Gerity
Answered
  • Bankruptcy Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Hello. There is nothing in the limited facts that you have provided that would prohibit you from filing for bankruptcy. Perhaps the person who told you that was referring to the fact that your creditors likely cannot take your disability income from you to pay the debts--as such, if that is the only income you have, you might be "judgment proof" even without filing for bankruptcy. In any event, 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.

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