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Do I need to file for bankruptcy if I am considered to be judgement proof since I have no assests and my income results from Soc Security and SSI

1 Answers. Asked on Jun 14th, 2013 on Bankruptcy - Massachusetts
More details to this question:
I am 87 years old. Expenses and medical out of pockets expenses have caused limited income to be exceeded. i have outstanding bills I can no longer pay. If Soc security and SSI are my only income I have been told I am judgement proof. There are no assets. Do I need to do a bankruptcy (which I cannot pay for) in order to get relief from this situation. I am 87 years old. Do I need legal services how do I respond to the creditors?
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Answered on Jun 14th, 2013 at 8:22 PM

The fact that you mention getting "relief" partially answers your own question.  From a legal standpoint, you do not need to file bankruptcy if you are judgment proof  because your creditors won't be able to get anything from you anyway.

However, they can still attempt to collect, which means you will need to possibly show up for judgment debtor examinations to inform the court that your only income is from social security, and that you have no assets, etc.  

A lot of this depends on how many different creditors you have.  If there's only a few, you can probably just deal with them by letting them know the above facts.  But if you have 20 or 30+ then filing bankruptcy is a way to let everyone know in one shot and legally stop them from contacting you and trying to collect.

What it boils down to is how much hassle you can handle.  If your thresshold is low, then it might be worth doing a bankruptcy.  Otherwise, it's certainly not necessary.

Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by, and A+ rated by the Better Business Bureau.  

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If you're struggling to pay off your delinquent debts and getting hounded by collection agencies, then it's time to address your financial problems. And filing for personal bankruptcy may be the ideal solution. Whether you're an individual or married couple considering Chapter 7 or Chapter 13 bankruptcy, or a business considering a Chapter 11 reorganization, or a farmer considering Chapter 12, you need the advice and guidance of an experienced bankruptcy attorney. Your lawyer can help determine which form of bankruptcy is right for you, prepare and file all of the paperwork, and advise you throughout the bankruptcy process.
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