Asked in Bankruptcy for Ohio

Q: My dad is 61 he wants to file for bankruptcy but he's on a fixed income through ssd he's on dialysis how should he file?

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3 Lawyer Answers
W. J. Winterstein Jr.
W. J. Winterstein Jr.
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: The principal eligibility requirement for a Ch. 13 filing is a periodic income. The SSD provides that. There are limits, however, to the amount of debt a debtor may have, and a Ch. 13 case usually lasts for three to five years, during which a debtor must make payments to a Ch. 13 trustee, sufficient to make monthly payments upon mortgages or secured loans on other assets which the debtor wants to retain.

There are no such requirements to be eligible to file a Ch. 7 (there are income limits, but it sounds like that won't be an issue for your dad).

Dialysis, and resulting medical problems, can be hugely expensive. If your father is under no immediate pressure to seek bankruptcy relief, maybe he should wait to see whether additional costs may be incurred during his treatment.

The best course is to speak to an Ohio bankruptcy lawyer, and to provide him with the full financial condition, etc., to see what he recommends, along with the best time to do a filing.

Timothy Denison and David Luther Woodward agree with this answer

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: He needs to discuss his financial situation with a bankruptcy attorney and find out what he can exempt and which chapters he may be eligible to file under.

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr.
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Columbus, OH
  • Licensed in Ohio

A: If his sole source of income is SSDI, then he may need to look at doing nothing. My suggestion is that he speak with an experienced bankruptcy attorney to discuss the consequences of not filing at all and filing either type of bankruptcy. More info is needed because the advice could go in a few different directions based upon all of the facts, such as assets, values, debts, his intentions on things, and basically the totality of the circumstances. A holistic approach should be given to the situation and that's why discussing the facts in greater detail is warranted. I hope that helps. Thank you.

Timothy Denison agrees with this answer

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