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Social Sec. and repayment

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    Social Sec. and repayment

    My husband is 67 and gets his social security every month along with my kids getting benefits. My husband also works fulltime and I work parttime. My question is on our 13 with the pay back. I know we have to put that down as income but do they also use this money towards our pay back or will they only use our income from working?

    #2
    Originally posted by Kkole425 View Post
    ...do they also use this money towards our pay back or will they only use our income from working?
    Social security payments are not included in the calculation of income on the Means Test. Only your non-Social Security incomes will be used to determine the amount of your Ch 13 payment.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      ut oh...

      Originally posted by lrprn View Post
      Social security payments are not included in the calculation of income on the Means Test. Only your non-Social Security incomes will be used to determine the amount of your Ch 13 payment.
      Does this mean if your only income is SSDI that you cannot file Chapter 13?

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        #4
        Ah... I think I found the answer to my own question!

        You can use the income from the following sources to fund a Chapter 13 plan:

        * regular wages or salary
        * income from self-employment
        * wages from seasonal work
        * commissions from sales or other work
        * pension payments
        * Social Security benefits
        * disability or workers' compensation benefits
        * unemployment benefits, strike benefits, and the like
        * public benefits (welfare payments)
        * child support or alimony you receive
        * royalties and rents, and
        * proceeds from selling property, especially if selling property is your primary business.

        Source: http://bankruptcy.findlaw.com/bankru...-eligible.html

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