Can I File for Bankruptcy if I Only Receive Social Security Benefits?

mary-connor-poolYes, the Bankruptcy Code does not prevent someone from filing bankruptcy if they only receive Social Security benefits.  As you may already be aware from prior blog posts or browsing our website, generally there are two different bankruptcy options for individuals:  Chapter 13 and Chapter 7.

Chapter 13 is for individuals who have the ability to pay some or all of their debts back over a three to five year period though the chapter 13 trustee. To qualify to file a successful Chapter 13, an individual must prove that they can afford their Chapter 13 payments, regardless of where they receive their income.  In order for your Chapter 13 Plan to be confirmed (approved by the court), the plan must be feasible, meaning that you have the ability to make your future Chapter 13 payments.

Chapter 7 is for an individual looking to receive a fresh start within four to six months from the date of filing.  The fees and costs associated with a Chapter 7 are paid prior to filing and all of our Bond & Botes offices offer payment arrangements to help you afford these costs.

If you just received Social Security benefits, it is important for you to know that Federal Law already protects your benefits from garnishment, regardless of you filing for bankruptcy.  This means that:

  • a creditor cannot garnish your Social Security check, and/or
  • garnish a checking or savings account where ONLY your Social Security benefits are being deposited to that account.

If you receive Social Security benefits and have assets (house, car, etc.) or are being harassed by creditors and just need some peace of mind, contact a local Bond & Botes office today for your free consultation to determine whether filing bankruptcy is the right choice for you.


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At Bond & Botes, we now offer full service bankruptcy consultation and filing over the phone or by video from the comfort and safety of your home or office. Please call 1-877-581-3396 or click here to setup your free phone or video consultation.

The lawyers at the Bond & Botes affiliated offices serve clients at offices in Anniston, Birmingham, Mobile, Montgomery, Opelika, Decatur, Huntsville, Florence, Haleyville and Gadsden, Alabama; Vicksburg, Hattiesburg and Jackson, Mississippi. Read our disclaimer here. You can view our Privacy Policy here.

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2107 5th Avenue North
Age-Herald Building
Birmingham, Alabama 35203
Phone: (205) 802-2200

Shelby County Location
15 Southlake Lane, Ste 140
Birmingham, AL 35244
Phone: (205) 802-2200

Florence Location
121 S. Court Street
Florence, AL 35630
Phone: (256) 760-1010

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225 Pratt Avenue NE
Huntsville, AL 35801
Phone: (256) 539-9899

Montgomery Location
311 Catoma Street
Montgomery, AL 36104
Phone: (334) 264-3363

Decatur Location
605 Bank Street
Decatur, AL 35601
Phone: (256) 355-2447

Haleyville Location
914 19th St.
Haleyville, AL 35565
Phone: (205) 486-3580

Gadsden Location
430-B Chestnut Street
Gadsden, AL 35901
Phone: (256) 485-0195

Opelika Location
216 South 8th Street
Opelika 36801
Phone: (334) 887-7666

Anniston Location
1302 Noble St #2C
Anniston, AL 36201
Phone: (256) 344-3559

Cullman Location
200 Second Avenue SW
Cullman, AL 35055
Phone: (256) 739-9866

Mississippi Offices

Jackson Location
120 Southpointe Dr., A
Byram, MS 39272
Phone: (601) 353-5000

Hattiesburg Location
607 Corinne St, Ste B8
Hattiesburg, MS 39401
Phone: (601) 353-5000

Vicksburg Location
1212 Farmer Street
Vicksburg, MS 39180
Phone: (601) 353-5000

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