Saturday, July 26, 2014

I am 65 and forced to retire on total disability. I am unable to pay my credit cards with my fixed SS income. Is bankruptcy my only option?

Question

I am 65 and forced to retire on total disability. I am unable to pay my credit cards with my fixed SS income. Is bankruptcy my only option?



Answer

Bankruptcy is not your only option, but it is one of a few that you should consider. While bankruptcy eliminates debt, and it sounds like you would qualify for it, it may not be a good option if you own property with a large amount of equity, as a bankruptcy trustee may look to sell your property. As you will not be working, if you do not file bankruptcy and are sued by a creditor, they cannot garnish your wages for the debt, or garnish a bank account with only Social Security funds in the account. However, they could lien property you have, so looking into ways to protect your property without filing bankruptcy is another good option. Go and see an attorney who handles bankruptcy and asset protection to get a clear picture of your options.



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