SSD and BK

[B. Hardison]

What is the name of your state? KY

My wife and I filed for a chapter 13 in Feb. 2006. We were approved for a five year plan
the first of May. We are on fixed incomes and had no other recourse due to rising medical bills, high cost of heat and etc. We are both past 55 yrs. old and would never have considered this action, but circumstances forced us to do so. On May 11 we received a call from SSA informing me I had finally been approved for my SSD benefits. I notified my BK lawyer and asked him what I needed to do. He was somewhat vague about my back pay and my monthly income as far as the BK was concerned, but felt that the benefits would be protected. This money could be used for much needed repairs on our home, such as replacement of heating and cooling units that are 25+ years old, and etc.

We put the backpay check in a seperate bank and will have the SSD benefits direct deposited into that account. My question is- are these truly exempt from the existing BK?
Can the trustee take the back pay and the additional monthly monies from SSD?

Any help you can give will be greatly appreciated. Thank you.

 

[BL]

I'm not sure what kind of debts you owe , but here ya are :

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_adp.php?p_faqid=426&p_created=973093075&p_sid=kbGh8B8i&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX3Jvd19jbnQ9MTkmcF9wcm9kcz0mcF9jYXRzPTAmcF9wdj0mcF9jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PWdhcm5pc2g*&p_li=&p_topview=1

Be aware , to be protected the benefits HAVE TO BE identifiable as SS benefits .

I'd suggest making sure the back pay in the bank account is identifiable .

I'm not sure how BK operates , but hope this info. helps .

 

[B. Hardison]

Thank you very much for your quick response. The site you suggested gave me important
information. Again thanks!