Bankruptcy/SSDI & ALLSUP

Discussion in 'Fibromyalgia Main Forum' started by meditationlotus, Nov 1, 2008.

  1. meditationlotus

    meditationlotus New Member

    I am in Chapter 13 bankruptcy and am needing to apply for SSDI. I am thinking of using ALLSUP.

    It is my understanding that disability payments ARE SAFE and off limits in a bankruptcy case.
    However, while visiting the ALLSUP website, it said they need info on unpaid back taxes, unpaid child support, and undischarged bankruptcy.

    Are they alluding that any back pay received in disability can be confiscated and used to pay debts not yet discharged from bankruptcy (meaning ALLSUP wouldn't get paid)i? How can this be so?

    Anyone had experience with this using ALLSUP or any legal representative for SSDI while in Chapter 13 bankruptcy?


  2. meditationlotus

    meditationlotus New Member

    Granny, thanks for your response. I have emailed ALLSUP. They just answered telling me about the requirements for SSDI and wanting me to call them to see if I quality. So I emailed again, kept the email short and to the point, about my being in Chapter 13 bankruptcy and how that would affect working with them. (I sure hope that it will be okay. If not, that would mean it would be hard to get any legal help, and I sure don't want to do this myself.) This question came to me when I was researching ALLSUP'S website and found the section "getting ready", where it asks about back taxes, childsupport, and bankruptcy.

    Thanks TwoCat, when I apply for SSDI, I will let the bankruptcy attorney know, so they can protect any back payment I might receive. I just hope that it is okay for ALLSLUP or other disability legal reps to able to receive their payment from my back pay. Don't want the Trustee to come after it.

    Hopefully, ALLSLUP will answer my question. Would like this hurdle cleared before I go any further.

    Thanks again.

  3. meditationlotus

    meditationlotus New Member

    too much equity in your home, then you can't apply for Chapter 7. Both kinds can save your house, but if you have too much equity and file a Chapter 7, then you can lose your house. That is why you then do a Chapter 13.

    I wrote to ALLSUP the second time, but they haven't written me back. I don't want to work really hard to convince them to take my case, only to find out "after-the-fact" that bankruptcy might be a problem.

    Their "getting ready" article didn't specify which type of bankruptcy.

    Thanks for answering me.
    [This Message was Edited on 11/03/2008]