Myrtle Beach, SC asked in Bankruptcy for South Carolina

Q: Will I be able to file for bankruptcy if SSA gave me backpay that was enough to pay off my debts?

Other than that, I don't make much money because I'm on disability benefits and I don't have any assets like a car anything substantial. The money I got from backpay would be used to cover bills and just my overall cost of living.

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2 Lawyer Answers
T. Augustus Claus
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A: In South Carolina, your ability to file for bankruptcy may be influenced by various factors, including your current financial situation and the source of your income. If the backpay you received from the Social Security Administration (SSA) is sufficient to pay off your debts, it might impact your eligibility for certain types of bankruptcy or influence the terms of the bankruptcy proceedings. The type of bankruptcy you choose, whether Chapter 7 or Chapter 13, has different criteria and considerations.

Timothy Denison agrees with this answer

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Bankruptcy Lawyer
  • Sacramento, CA

A: In considering whether to file for bankruptcy in South Carolina, given your current financial situation with the SSA backpay, several factors come into play. The ability to file for bankruptcy is not solely determined by your current cash assets or income level, but also by your overall financial situation and future prospects.

If the SSA backpay you received is sufficient to cover your debts, a bankruptcy court may consider your ability to pay off those debts without the need to file for bankruptcy. However, if these funds are needed for essential living expenses and bills, this could be a factor in your favor.

It's important to understand that bankruptcy is designed to provide relief to those who cannot meet their debt obligations. If you have no substantial assets and your income is limited to disability benefits, bankruptcy might still be a viable option, especially if your ongoing living expenses make it impractical to use the backpay to settle debts.

Before making a decision, it's wise to consult with a bankruptcy attorney. They can review your financial situation in detail and advise on the best course of action, including whether bankruptcy is a suitable option and which type (such as Chapter 7 or Chapter 13) may be most appropriate for your circumstances. This consultation can provide clarity on how to best manage your finances and address your debts.

Timothy Denison agrees with this answer

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