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Disability Lawyer and Chapter 13

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    Disability Lawyer and Chapter 13

    I have a chronic illness and can no longer work, and I want to apply for disability. I am in the middle of a Chapter 13 bankruptcy, and my "significant other" pays my Chapter 13 monthly payment (the Trustee is okay with this).

    When I hire a disability attorney to represent me, he/she will be entitled to 25% of my Social Security Disability backpay, up to a certain cut-off amount, if I win my disability case. My question is, can the Trustee come after my back pay? It is my understanding the disability payments are exempt from the Trustee, but am unsure about the backpay.

    (The "backpay" is roughly the dollar amount of total monthly disability payments owed to me from the time I apply for disability to the time it is approved, with some restrictions.)

    I REALLY hope the backpay is safe, because it would hard to find any legal representation for my disability case, otherwise.

    Thanks

    #2
    Backpay should be safe - as it is disability related - unless the trustee is a creditor friendly goon.

    Comment


      #3
      Thanks Magyar

      I don't know what kind of goon the Trustee is, but he seemed like a nice guy.

      Comment


        #4
        Originally posted by flower View Post
        I don't know what kind of goon the Trustee is, but he seemed like a nice guy.
        They are nice in Vegas too... saying "good luck"... just before they take all of your money.

        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          Thanks guys

          Anyone been in this position before?

          Thanks

          Comment

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