LEGAL GUIDE
Written by attorney Elissa Westbrook-Smith | Jul 28, 2012

Should Senior Citizens File Bankruptcy?

Many people believe that once you achieve senior citizen status, the special privileges you receive extend to the bankruptcyprocess. While there may be a few minor differences when a bankruptcy is filed by a senior citizen, in general, everything stays the same. In other words, if you are entering your golden years and you are considering filing for bankruptcy protection, you can and should if your finances warrant it.

Some people believe that senior citizens don’t have much to lose by filing bankruptcy. For instance, people do not generally need to obtain a mortgage loan later in life, so any determine to their credit score is irrelevant. Additionally, many older citizens do not have assets that are not exempt by law or are worth a creditor trying to seize and resell them.

While these beliefs may have some validity, it is even more important to understand the benefits a bankruptcy filing can have for senior citizens. Exemptions under the law remove certain assets from the bankruptcy process. For example, exemptions exclude equity in your home (some states have limits), social security benefits, and retirement or pension accounts

If you are a senior citizen and you are struggling financially, you should seek the advice of experienced bankruptcy attorneys like McDowell Riga Posternock PC.Your lawyer can help you weigh the pros and cons of filing a case in your individual circumstances.

Additional resources provided by the author

If you are considering filing for bankruptcy protection, or you are a secured creditor dealing with a bankrupt borrower, call McDowell Riga Posternock PC at 856-528-3389 . Our attorneys diligently pursue the firm’s goal of providing our clients with superior legal services. Our combined law practice experience of over 80 years allows us to offer the same first-rate service that you may expect from a big law firm, only we work hard to make sure we are more accessible and reasonably priced. Our collective experience of allows us to handle legal problem in many areas ranging from Bankruptcy for both consumers and businesses, to Family Law, Consumer Fraud and much more out of our offices in New Jersey and Pennsylvania. Our New Jersey offices are located in Moorestown, Maple Shade, and Willingboro. Our Pennsylvania offices are located in Bryn Mawr and Philadelphia.

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