? for Attorney Oney or anyone who knows

[2farindebt]

We attended our 341 on 7/16. It was to be a simple no asset/7, or so we thought. The trustee asked if we were party to any claims or law suits and I answered that I had applied for social security disability payments but had not been approved, I'd already been denied at the first two levels, and I was waiting for a meeting before a judge to determine if I would be approved or denied, which could still be 6 months to a year from now according to my SS lawyer. He then changed our case to an "assets" case and said he gets any lump sum award I receive and will leave our case open until it is determined if I will get SS disability payments or not.
He said he wasn't sure if SS disability was exempt and until we proved otherwise, he was going to take it. Does anyone know if SS disability payments are exempt from bankruptcy? Even our lawyer told the trustee that HE doesn't know! We need HELP!!

[2farindebt]

Hello there IAAL! And how is Mrs. IAAL? We haven't talked in a couple of months (I was the one who thought I owned property in Michigan for which my father has a life estate but he never had the deed recorded so he still owns it, remember me?) Anyway - I've never known you to NOT have an opinion on a question you reply to. Do you have any idea if social security disability payments are considered exempt and out of the trustee's reach?

[I AM ALWAYS LIABLE]

Originally Posted by 2farindebt

Hello there IAAL! And how is Mrs. IAAL? We haven't talked in a couple of months (I was the one who thought I owned property in Michigan for which my father has a life estate but he never had the deed recorded so he still owns it, remember me?) Anyway - I've never known you to NOT have an opinion on a question you reply to. Do you have any idea if social security disability payments are considered exempt and out of the trustee's reach?

My response:

Well, you're right. I have an opinion (based on law) concerning most subjects; and yours is no exception. First, get rid of your attorney. He's a dumbass. Second, before you fire his ass, tell him social security and supplemental security income benefits (whether paid or payable) are not subject to execution, levy, attachment, garnishment or other legal process; or to the operation of bankruptcy laws. [See 42 USCA §§ 407, 1383(d)]

IAAL

[2farindebt]

I have read your advice and comments on this board for 6 months now and I have always trusted you. I don't know why, I just feel in my heart that you know what you're talking about and you tell it like it is. You cannot possibly know how relieved I am to get your answer and seeing in black and white a law to support it! Once the tears of relief stop flowing, I will sleep easier tonite. FYI - I agree with your characterization of our lawyer now that I've seen him in action in front of the trustee because he told me way back in February that they can't touch any SS benefits I "might" receive and yet he acted like it was the first he had heard of it in court on Friday. What a disappointment! Thank you again for lifting the weight of the world off my shoulders tonite (actually it's now Tuesday where I come from) - I will certainly post back when I hear from the trustee about our case. Thank you thank you!

[I AM ALWAYS LIABLE]

Originally Posted by 2farindebt

I have read your advice and comments on this board for 6 months now and I have always trusted you. I don't know why, I just feel in my heart that you know what you're talking about and you tell it like it is. You cannot possibly know how relieved I am to get your answer and seeing in black and white a law to support it! Once the tears of relief stop flowing, I will sleep easier tonite. FYI - I agree with your characterization of our lawyer now that I've seen him in action in front of the trustee because he told me way back in February that they can't touch any SS benefits I "might" receive and yet he acted like it was the first he had heard of it in court on Friday. What a disappointment! Thank you again for lifting the weight of the world off my shoulders tonite (actually it's now Tuesday where I come from) - I will certainly post back when I hear from the trustee about our case. Thank you thank you!

My response:

Yeah, yeah, yeah. Where's the sex baby - - where's the sex? C'mon, give it up for Daddy! What? Do you think this is free or something?

IAAL

[2farindebt]

Well....you know my situation - I'm broke - so unless you fly East to Indiana, I guess I'll just have to owe you....Goodnight IAAL. Sleep tight (with Mrs. IAAL)

[I AM ALWAYS LIABLE]

Originally Posted by 2farindebt

Well....you know my situation - I'm broke - so unless you fly East to Indiana, I guess I'll just have to owe you....Goodnight IAAL. Sleep tight (with Mrs. IAAL)

My response:

You had to remind me. You just HAD to remind me . . .

IAAL

I would have been very angry with the attorney and probably tried to pop him across the head with the heel of my shoe!

I just hope that our trustee does not ask anything related to our business because if he or she does, we may be also screwed. Reason - I called my attorney a couple of weeks ago to see if we could incorporate our business to save on taxes and I absolutely did not get even a decent answer about anything related to business. Therefore, we will wait to make any changes!

I hope you all will not get angry because of these links, I think we all just want to help. These are all great places to get help to your questions and more if you just read! Some of the boards may be more active than others but trust me; they are worth every penny of your time plus some. There may be more, but these have been all I ever needed!

1) [url]www.freeadvice.com[/url] - answers to bankruptcy questions etc
2) [url]www.creditboards.com[/url] - answers to credit and creditor questions etc
3) [url]www.artofcredit.com[/url] - answers to bankruptcy questions etc
4) [url]www.debt-consolidation-credit-repair-service.com[/url] - bankruptcy
5) [url]http://pacer.psc.uscourts.gov[/url] - bankruptcy case information etc

Thanks Everyone!

Should he wait to hear from the attorney or should he be doing something like consulting other attorneys?