Tampa, FL asked in Bankruptcy for Florida

Q: What is required to file chapter7 , I am really in a bind with a lot of credit card debt . I am on SSI and way behind.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Bankruptcy Lawyer
  • Sacramento, CA

A: Here are the key requirements and steps for filing Chapter 7 bankruptcy when you are on SSI and have substantial credit card debt:

1. Eligibility: Your income must be below the state median or you must pass a means test showing you don't have enough disposable income to repay debts. SSI does not count as income for the means test.

2. Credit counseling: You must complete a credit counseling course from an approved provider within 180 days before filing. This can be done online or by phone.

3. Bankruptcy petition: You file a petition with the bankruptcy court listing your income, assets, debts and creditors. Include your SSI income and all credit card debts.

4. Automatic stay: Upon filing, an automatic stay goes into effect that prohibits most creditors from continuing collection actions against you.

5. Meeting of creditors: You attend a meeting with the bankruptcy trustee and any creditors who choose to appear. The trustee asks questions about your finances.

6. Non-exempt property: If you have any non-exempt property, the trustee may seize and sell it to repay creditors. Most SSI recipients don't have significant non-exempt assets.

7. Debt discharge: After a few months, the court discharges your eligible debts, including credit card balances. Some debts like student loans and tax debts usually can't be discharged.

I'd strongly recommend working with a bankruptcy attorney who has experience with clients on SSI. They can help ensure you complete all requirements properly to get your debts discharged. Many offer low-cost initial consultations.

You can also contact legal aid organizations in your area, as they sometimes take on bankruptcy cases for low-income clients free of charge. Don't let an inability to afford an attorney stop you from seeking legal advice on getting relief from your debts. There are resources available to help.

Terrence H Thorgaard agrees with this answer

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