Should I file for bankruptcy in Virginia?
You’ve probably asked yourself that question if you have trouble making ends meet each month, if the interest that piles up on your credit card bills is more than the minimum payment you’re making, or if your plan to put a little money away each paycheck keeps getting postponed. Even though the folks on the evening news say the economy is getting better, you may still feel like there’s no way out. Bankruptcy could be the solution for you. Continue reading
Question: Will I lose my social security benefits in my Chapter 7 bankruptcy proceeding? Answer: No; except, of course, when the answer is yes.
The Social Security Act provides that no monies paid or payable under the act shall be subject to any bankruptcy law. 42 U.S.C. § 407(a). Therefore, your social security payments should be free from your bankruptcy estate under Chapter 7. But wait!
Problems can arise when you commingle your social security payments with unprotected funds. For example, lots of people deposit all of their funds initially into one account, whether it be a paycheck (which would be a part of the bankruptcy estate) or a social security payment (which would not). Under this typical scenario, which dollars on deposit in this account will the bankruptcy trustee treat as protected social security payments? Continue reading
We here at Solan | Alzamora are moving beyond our family law blog at www.va-familylaw.com to the wonderful world of bankruptcy blogging at www.va-bk.com. We, as always, aim to blow your hair back with our insight, wit and wisdom.
Let’s do this! Once again!