The number of people filing for bankruptcy protection in retirement has soared in recent years — even before the recession.

In fact, people 65 and older are the fastest-growing segment of the population seeking bankruptcy protection, according to a recent study from the University of Michigan Law School.

The problem is simple math, said Johanna Sweaney Salt, a CPA with Kaufman, Schmid, Gray & Salt in Claremont, Calif. Their medical expenses, taxes and other costs keep going up, while their income is going down. Social Security hasn’t had a cost-of-living adjustment in a long time and pensions and retirement accounts took a huge hit during the recession. Reverse mortgages and other alternatives presented to them as "solutions" often just dig them further in the hole.

"Most people think ‘Oh, I have Medicare — I’m covered,’" said Jean Setzfand, director of financial security at the AARP. "But in fact, there are quite a lot of out-of-pocket expenses — and those continue to rise." The biggest one, she said, is long-term care costs. Plus, a lot more people are going into retirement carrying a mortgage. So it is not so good as we think

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I’m an unemployed teacher and have just lost my car (my only asset) and am representing myself in my bankruptcy. My combined debts (assuming I’ll still owe about ,000 on my car once it sells at an auction) is approximately ,000. I do not have a savings and no longer have retirement accounts because I had to cash them out to cover living expenses. Twelve years ago I had to file bankruptcy and am concerned about how that will look to the judge. I worked to earn my college degree since then and was doing well when suddenly I found myself without a job. Any thoughts on that? My debts back then were fully discharged, and I’m hoping to file a Chapter 7 for another discharge of my debts. Here are some of my questions, any input would be appreciated:

1) Is there any kind of assistance available for people who cannot afford the filing fee?
2) Once I file, how long can I expect for the court date?
3) Does the online bankruptcy class that is required cost anything?
4) Can my 0 debt to the IRS (back taxes) be included or just the interest and penalties?
5) Any suggestions for someone doing this without an attorney?

I’ve done my research and am actively seeking answers to my questions, but there are some very informed and helpful people on this site, so for peace of mind I really welcome your input.

Thank you!

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I live in California and because of a divorce that went horribly wrong, I am considering Chapter 7 bankruptcy. But what is considered exempt for personal property? Are they going to come in and take all my furniture? Make me sell my car (which I own) and buy a cheaper one? How about retirement accounts (401K, IRA)? Has anyone gone through this in California?

Thanks!
To clarify, it was the debt accrued from the divorce and the resulting judgment that has created the need to file for Chapter 7. I have taken the Means Test and qualify easily.

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