Solomita Law, PLLC
Solomita Law, PLLC
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    Orlando, FL 32826
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Navigating Bankruptcy With A Disability Or Fixed Income In Florida

  • By: Alec Solomita, Esq.

A Social Security Disability Insurance form rests on a clipboard with a red disability symbol attached to it. In this article, you will discover:

  • Whether people living on SSDI or SSI can filed for bankruptcy in Florida
  • If disability income counts toward the Chapter 7 means test
  • Does filing for bankruptcy affect your eligibility for public assistance programs

Can People Living On Social Security Disability Income (SSDI) Or Supplemental Security Income (SSI) File For Bankruptcy In Florida?

Yes, if you’re living on SSDI or SSI income, you can file. Sometimes SSDI or SSI income makes filing for bankruptcy easier. SSDI or SSI income does not count toward qualifying. Therefore, if it’s your main source of income, you will qualify.

Does Your Disability Income Count Toward The Chapter 7 Means Test In Florida Bankruptcy Cases?

Your disability income does not count toward the Chapter 7 means test in Florida bankruptcy..

Will Florida Bankruptcy Courts Take Your Social Security Disability Benefits If You File?

No, social security benefits are exempt in bankruptcy.

How Does Filing For Bankruptcy In Florida Affect Your Eligibility For Public Benefits And Assistance Programs?

Filing for bankruptcy doesn’t affect your eligibility for public benefits or assistance programs. Those programs are normally income-based rather than debt-based.

What Expenses Can Be Exempted For Someone With A Disability Who Is Receiving SSDI?

On Schedules I and J for bankruptcy filings, you list your actual income and expenses. You do list income you receive, whether it be social security, disability or food stamps.

You don’t have an expense for insurance if you’re on Social Security Disability Income. Most people have a cost for medical insurance, whether it’s deducted from their paycheck or they pay for it in the marketplace. However, if your medical insurance is being paid for by the state, it’s not listed. It doesn’t hurt your case.

Occasionally, you have somebody who’s getting social security and VA disability along with some part-time job. Now their income adds up, and maybe that can be a situation. Still, that would be extremely rare.

In Your Experience: Working With Clients Whose Medical Conditions Made Bankruptcy Feel Daunting

Some people have significant medical situations and don’t want to deal with the stress. If you have a severe medical condition, that’s more of a reason to file than not. As circumstances get more stressful, you need to eliminate the stress, or your health gets worse. Maybe they think gathering the paperwork is too stressful.

Often, clients have families that can help out. For those that don’t, I’ll step up and do things I won’t normally do for clients. Maybe I’ll have them come into my office and take the class. In some cases, I’ve gone to people’s houses. If you’re trying to help people with medical conditions, you meet them where they’re at.

Have You Ever Done A Payment Plan For People On Fixed Income Or Who Can’t Afford The Lump-Sum Up Front?

I offer payment plans to many people. However, if you don’t have a lot of income, I probably am not going to do a payment plan with you because that’s going to put more stress on your situation. This arrangement put us both in a bad spot, and I don’t want to do that either.

What I usually will do is offer a significantly discounted price upfront that I think you can afford based on your income. In some cases, I offer my services pro bono. If I don’t think you can ever afford it, I’ll either let you go, or I’m going to take your case pro bono.

Still Have Questions? Ready To Get Started?

For more information on bankruptcy on disability or fixed income in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 708-9681 today.

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