Insolvent Debtor

Share This
« Back to Glossary Index

An insolvent debtor is one who is judgment proof having neither income nor assets

The financial state in which a debtor has no assets, money, or property upon which a judgment creditor can attach wages, seize bank accounts, lien property, or otherwise collect through the legal process to satisfy a debt.

For a debtor going through a Chapter 13 bankruptcy who has only exempt property, the debtor’s debt will likely be discharged in full.

Due to the bankruptcy automatic stay, creditors are unable to take any action against the debtor. During this time, collection agencies are strictly prohibited from directly or indirectly communicating with the debtor.

Judgment-proof debtors have rights under both: The Bankruptcy Code by exempting certain types of property from attachment or garnishment and the Federal Fair Debt And Collection Practices Act
(FDCPA), which prohibits unfair collection practices nationwide.

Federal Trade Commission (FTC) has regional offices throughout the country. For more information on debtor rights, visit their website.

Related Articles

How to Choose a Bankruptcy Lawyer?

April 22, 2021
Not all lawyers are the same. Before retaining a bankruptcy attorney, be sure that you trust and feel comfortable with this person. You should also check the lawyer's professional background, credentials, and licensure with the state bar. This article will educate you on bankruptcy attorneys' professional qualifications and what you should consider before formally retaining…
Read more →

Chapter 13 Bankruptcy: Eligibility, Benefits, and Process

April 22, 2021
Depending on a debtor's financial circumstances and intentions, filing under Chapter 13 can make great sense, especially for debtors with substantial income and net worth. This is not true, however, for most low-income wage earners requiring immediate relief. For most of these wage earners, their only realistic option is to file for liquidation under Chapter…
Read more →

Chapter 7 Bankruptcy

April 22, 2021
Many consumers can find themselves in substantial debt for a host of reasons, including the loss of a job, going through an expensive divorce resulting in the loss of a second income, or suffering a disabling accident resulting in unpaid hospital and medical bills. Unfortunately, mounting debt can quickly accumulate during these times of financial…
Read more →

Affiliate disclosure

GotTrouble.org is a one-stop free and open consumer information and expert resource.

Our information helps guide people through the complexity of life-changing legal, financial, and emotional challenges.

One way of doing this is by providing our visitors with a wide range of third-party resources. Some of which are affiliates.

Should you visit an affiliate, we will disclose this fact, and we may earn a commission. We ask that you use your independent judgment in deciding whether an offered service or product fits your needs and purposes.

If you have questions, please get in touch with us at inquiries@GotTrouble.org.

Sponsors