I filed for chapter 7 bankruptcy and it was discharged in late 2004 due to a hospitalization without medical insurance. I built my credit back up but by 2009 the same thing happened so I filed for disability and was granted full SSD, but now my income is not nearly enough for my unsecured debt and I can no longer pay. One of my creditors is Capital One, which I know through the advice of an attorney will sue me as they sue everyone. I cannot file for bankruptcy since my statute of limitations is not up until 2012. Obviously they are going to win and cannot take my SSD payments but they can still freeze my account. Should I just go ahead and close my bank account and request that Soc. Sec. send me paper checks or send my funds to an ETA card which cannot be seized and frozen?
I ask this because I personally know someone who literally woke up one morning to find her bank account frozen with no prior notification. Also, i own a mobile home on a rented lot- can they attach a lien on that home?. When my car is paid off in 3 yrs can they seize the car if it has value above $2000? or put a lien on the title of it? what can I expect if I can't file for bankruptcy?
I would NOT file a Chapter 13. Instead I would be absolutely certain that I NEVER put a penny into my SSD bank account. As long as you don't mix funds in with the SSD you will be OK. Recently there have been enacted statutes to protect you from the kind of "freeze" your friend ran into. It should not be a problem.
Capitol One will threaten lots of bad things and perhaps even exceed the limits of truthfulness. But the truth is they don't want your old car or your trailer. It costs a lot of money to haul a trailer and many of them are not in condition to be hauled. There's no way to make money grabbing old cars and trailers.
File a Chapter 7 in 2012. In the meantime, tell Capitol One that you can not pay and will not pay and that you are judgment proof. Also tell them that they may not call you you again. Follow that with a certified letter (Just one to each creditor or collector). Lawyers are good at writing letters.
Tell them If they do call again that you will sue them for violating the Fair Debt Collection Practices Act. Answer your phone. Demand the name, address and account number from each person who calls. Keep a written log. It's complicated, but you could come up with enough evidence for a lawsuit. Professional collectors may not call you after you tell them to stop. The actual creditor is not under this restriction, but ask them to stop calling anyway. It only makes sense to stop calling someone who is judgment proof.
Once again, I would not reward, mean vicious creditors with money in a Chapter 13. Capitol One will almost certainly sue you. So what? They will collect nothing. Good luck.
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Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
You are correct that the SSD is exempt from attachment. If your account has nothing but SSD funds it should not be attached.
Your facts are not clear, either you did receive a discharge from your prior C7 or you did not and it was closed. Hospitalization without medical insurance would not in and of itself be the cause of a discharge. If there are particular facts to your case, you should consult with an experienced bankruptcy attorney.
However, in order to receive a discharge from a second, successive bankruptcy, you must wait eight years from the date of filing - not the date of discharge or the closing date - of the first.
You might try negotiating with Cap One, making them understand that you have very limited SSD income only and nothing else and they may agree to minimal payments. Do not mention the bankruptcy card in your negotiations because then they will try to grab everything that they can before you file again.
That's my advice.
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
Even if you can't file a chapter 7 because it is less than 8 years since 2004, you might find that you are eligible for a chapter 13. In the meantime, your social security disability payments are exempt.
Lewis Matthew RobertsBankruptcy AttorneyAltamonte Springs, FL ·
I would consider a chapter 13. Most likely you would have a minimal payment. You could wait until 8 years have passed from the previous chapter 7, dismiss your chapter 13, then file a brand new chapter 7 and discharge the debts.
This would keep Capital One from getting any garnishment, etc.
