Debt Relief for Real People

[gloe]

In re Carpenter was affirmed by the 8th Circuit Ct. of Appeals.

http://caselaw.findlaw.com/us-8th-circuit/1534490.html

But SSA benefits are still subject to being used for a ch. 13 plan.

http://journal.abi.org/sites/default/files/2011/june/point.pdf

[gloe]

Protecting Social Security Benefits from Creditors:

"Safer than the Mattress? Protecting Social Security Benefits from Bank Freezes and Garnishments"

abstract of a law review article: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1338171

http://pubcit.typepad.com/clpblog/2009/07/john-infranca-on-protecting-exempt-social-security-payments-from-freezes-and-garnishmentt.html

http://www.nasi.org/usr_doc/John_Infranca_January_09_Rockefeller_Project.pdf

and

"Protecting Social Security Benefits from Predatory Lending and Other Harmful Financial Institution Practices"

Great article -- all SS benefits (Including disability benefits) are absolutely beyond the reach of regular creditors. The only exceptions are for things like Federal taxes, child support obligations (I think) . . . stuff like that.

http://www.consumerfed.org/elements/www.consumerfed.org/file/finance/CFA_sign_on_to_NCLC_testimony_on_Social_Security_and_predatory_lending_6-24-08.pdf

and in the bankruptcy context, even a lump sum retroactive disability payment, made before the case was filed, was not even ever "property of the estate" and so kept out of the hands of the trustee and creditors:

http://caselaw.findlaw.com/data2/circs/8th/086046p.pdf (In re Todd Carpenter)

[gloe]

I decided to create this board because a similar board at TMF (The Fool) is so full of sanctimonious people who brag about their high FICO scores . . . well, people should be able to get good info without being made to feel like the dregs of society.