veteran needs help in Veteran Finance & Tax Related Issues Forum

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veteran needs help

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ltate90

veteran needs help

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Posts: 50

Jul 7 12 2:48 PM

has any disabled veteran filed bankruptcy before. i was thinking about filing a chapter 7. since the new changes congress made in 2005 has any disabled veteran filed. i would like to know if they count your va disability and ssdi check for income pertaining to this means test, as well as the schedule 1 to determine if you qualify to file a chapter 7 bankruptcy. thank you and all comments and help would be greatly appreciated.............

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Rotor Head

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Posts: 8701

Jul 7 12 5:10 PM

I've no experience with this, but found this thread:

http://vets.yuku.com/topic/61656/Chapter-13-question

You may want to post down on the finance forum for more help.

Ran this on google too. There are a few not-for-profit legal sites that may answer your question too. http://thelawdictionary.org/article/can-va-disability-benefits-be-used-as-income-in-chapter-7-or-13-bankruptcy/ is one. It also has a link to a PDF that is very thorough.

Ultimately, consulting an attorney that is familiar with the laws in your state would be your best source. Many communities have legal aid that can answer many of your questions too.

Edited 1 time by Rotor Head Jul 7 12 5:35 PM.

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The Old Medic

#2

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Posts: 6225

Jul 9 12 12:28 PM

Bankruptcy rules vary from one state to another. DO NOT ATTEMPT TO DO THIS ON YOUR OWN, CONSULT WITH AN ATTORNEY.

US Army 1959-1969; SFC E-7 MOS: 55G10 (60-63) , 91B40, 91C40, 91F40 (64-69)
Ed.D in Rehabilitation Counseling, Certified Rehabilitation Counselor Retired, Licensed Clinical Psychologist, Independent Social Security Contract Vocational Expert 1983-2005, Contract Medical Expert 1987-2005
80% Service Connected Disabled; Life Member of the DAV since 1980

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Survivir

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Posts: 10347

Jul 9 12 1:27 PM

ltate90 wrote:
has any disabled veteran filed bankruptcy before. i was thinking about filing a chapter 7. since the new changes congress made in 2005 has any disabled veteran filed. i would like to know if they count your va disability and ssdi check for income pertaining to this means test, as well as the schedule 1 to determine if you qualify to file a chapter 7 bankruptcy. thank you and all comments and help would be greatly appreciated.............

Do as The Old Medic said...and Contact a Bankruptcy Lawyer in Your Area.

They can tell you what you need to do.

IF your income is OVER a certain amount(in your state)...then you Might Not qualify for Bankruptcy.

Most definitely...ask the Bankruptcy Lawyer IF SSDI Benefits are used in the Means Test.

The VA Compensation IS counted towards the Means Test...but ASK the Bankruptcy Lawyer.

But I have been told...BOTH WAYS...about SSDI Benefits counting towards the Means Test.

The ONLY Person who can help you...For Sure...is a Bankruptcy Lawyer in Your Area.

Survivir

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Ruiz

#4

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Posts: 1481

Jul 10 12 1:24 PM

I did file on 2005 and they did took into consideration my SSDI income.But after that on january 2006 my 100% was granted.

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herdgrunt

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Posts: 5898

Jul 10 12 10:45 PM

ltate90 wrote:
has any disabled veteran filed bankruptcy before. i was thinking about filing a chapter 7. since the new changes congress made in 2005 has any disabled veteran filed. i would like to know if they count your va disability and ssdi check for income pertaining to this means test, as well as the schedule 1 to determine if you qualify to file a chapter 7 bankruptcy. thank you and all comments and help would be greatly appreciated.............

Actaully Itate, bankruptcy is a complitcated thing, not so much from understanding it and what the rules are but from the standpoint of knowing the procedures and court filings that one has to make in order to be within the law. So, in that regard, you gotta hire a lawyer anyways, let him be the one to answer your questions and get you the straight answers.

Good luck on you situation and I believe you find that after talking with a bankruptcy lawyer, you will find things favorable to your situation.

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