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Shouldn't I file for bankrupcy?

Ansonia, CT |

My wife and I had a very small trucking business that we had to walk away from because my wife became very sick and other family problems.The business ( one truck ) was in Pennslyvania and we just left everything and moved to Ct. My wife is now collecting SSI and I have a very small early pension.Our creditors keep calling us from time to time and I contacted Legal Aid about filing for bankrupcy and they informed me that we do not have to file because between my wife's SSI and my pension we do not make enough and our creditors can not touch it.But we are still bothered by our creditors so wouldn't it be better to file and be done with it?

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Attorney answers 2

Best Answer
Posted

First, you should definitely see a qualified bankruptcy attorney for more information. My office would be happy to speak with you and we are Ct bankruptcy attorneys. Secondly, you should become acquainted with the FDCPA. This is federal law which governs the manner in which debt collectors may communicate with you. There is a high learning curve. Basicly the calls you recieve cannot be harassing, vulgar, oppressive, threatening, illegal, etc. If they call you before 8 am or after 9 pm these are also violations. There are many many more ways to violate the law. If the debt collector does violate the law, you are entitled to a penalty of 1,000.00 dollars plus your attorney fees. We help many people put an end to these obnoxious calls and help people settle their debts this way. Bankruptcy may also be inevitable, but there is no reason you can not use both.

Posted

While the Legal Aid response may be technically correct, it's up to you and your wife to say if filing bankruptcy would be "worth it". I've had clients in similar situations to yours who felt it was definitely worth it to stop the creditor actions for good. Please contact a qualified bankruptcy attorney in your area and discuss this with him/her.

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