filing for bankruptcy benefits
Can a 65yo widow who has filed Ch 13 bankruptcy begin drawing late husband’s social security benefits?
State of Texas
Widow of 20-year military serviceman just turned 65 and is now eligible to draw late husband’s social security benefits.
She filed chapter 13 bankruptcy one year ago and has 2 more years to pay per the plan.
Has been widowed for 25 years. She is single – never remarried.
Can she draw her late husband’s benefits or would those benefits, if drawn, be “taken” by the trustee …?
My understadning is that Social Security Wages cannot be attaches (garnished, exempt from collections) even in a case of bankruptcy, but I would check with a bankruptcy attorney.
Any money or other benefit, charity, relief or aid that a society pays, provides or renders is not subject to attachment, garnishment or other process and shall not be seized, taken, appropriated or applied to pay any debt or liability of any member, beneficiary or other person who may have a right under a benefit contract, either before or after the society pays the benefit.
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