Don’t panic and don’t give up! It is a common fact that, properly developed, most Social Security cases can be won. It is important that you understand the process and get the right help in preparing your claim.
Contact your local Social Security Office or contact Social Security at 1-800-772-1213. If you have been denied benefits, you have the right to appeal the decision and to contact an attorney to assist with your claim.
You must have physical or mental health problems severe enough to keep you from working in a regular job for at least 12 months. Social Security will take into account your medical condition, your age, your abilities, training and work experience.
You have the right to have an attorney represent you. Although attorney representation may not be absolutely essential in all cases, statistics show that people represented by attorneys are successful more often than people without attorney representation.
Every case is different. The attorney’s role depends on the facts of the case. An attorney can assist with any and all paperwork required to appeal your claim, can review the records and determine what information is needed to insure your claim meets Social Security guidelines and help you get the best possible result.
People generally will file for a bankruptcy when they know they can no longer pay their bills on time. Creditors may be applying pressure by telephone calls, letters, repossessions, garnishments and other court actions. When a debtor files a bankruptcy, the Federal Bankruptcy Code mandates that all collection efforts, harassment, repossessions, and foreclosure actions must stop. This gives the debtor a breathing spell on the financial pressures that drove the debtor to bankruptcy to begin with.
A Chapter 7 Bankruptcy is commonly known as a “straight bankruptcy”. It is basically a liquidation proceeding where the debtor’s unsecured debts are eliminated. The debtor is entitled to keep certain property, such as a house, a car, and furniture. However, in order to make a fresh start in life, a person can file a Chapter 7 only once every eight (8) years.
Chapter 13 bankruptcy is also known as a “wage earner”. Rather than looking to liquidate all of their assets, the debtor here wants to reorganize the debts into a payment plan and files it with the Bankruptcy Court. The debtor’s plan will include that future earnings will be subject to the supervision and control of the Trustee until the debts are paid. The creditors must look to the debtor’s future income to satisfy the debt rather than the debtor’s property. A person may file a Chapter 13 as often as needed.
You may not know but an attorney experienced in bankruptcy matters can help you with this decision. Sometimes a person may start a Chapter 13 bankruptcy but will later convert the plan to a Chapter 7.
If there is a co-signer and bankruptcy is filed, the co-signer can be held responsible for the balance of the loan, unless the court grants special permission. The co-signer can be protected by making arrangements to pay the loan at the interest rate in the original loan.
This answer depends on whether a Chapter 7 or Chapter 13 Bankruptcy is filed and the type of property a debtor wishes to keep.
There is a good chance that the creditors have already reported the debtor to the credit bureaus and the credit rating is already damaged. However, a bankruptcy does not look favorably on a credit report. Fortunately, Federal Law requires the credit reporting agencies to remove Chapter 7 bankruptcy from the debtor’s record ten (10) years after it is discharged. Also, Chapter 13 bankruptcies must be removed seven (7) years after they are filed.
Maybe, if the tax is over three (3) years old.
When the Bankruptcy Court issues an Order of Discharge. A discharge means the debtor no longer has a legal obligation to pay the old debts included in the bankruptcy. A debtor may be discharged as early as ninety (90) days after filing a Chapter 7. A Chapter 13 cannot be discharged until the debts are paid.