Is Veterans Disabilaty Compensation considered income for a Bankruptcy? I have my 341 in a month and I'm not for sure, due to being told different things.
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Originally posted by elstx View PostI guess my lawyer told me wrong then.
The Bankrutpcy code lists what type of income is not considered for purposes of the current monthly income (CMI) on the means test.
It would have to be a Social Security benefit to not count. Some courts have ruled that unemployment insurance (compensation) is not included because it's a benefit under the Social Security Act.
Unfortunately, the law is pretty clear on that point.
11 USC 101 (10A)
The term "current monthly income"--
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(B) includes any amount paid by any entity other than the debtor (or in a joint case the debtor and the debtor's spouse), on a regular basis for the household expenses of the debtor or the debtor's dependents (and in a joint case the debtor's spouse if not otherwise a dependent), but excludes benefits received under the Social Security Act, payments to victims of war crimes or crimes against humanity on account of their status as victims of such crimes, and payments to victims of international terrorism (as defined in section 2331 of title 18) or domestic terrorism (as defined in section 2331 of title 18) on account of their status as victims of such terrorism.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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I commented on your other like thread. Please only post on one thread if the subject is the same. It becomes confusing and all will see it anyway if you click on new posts. Thanks. 'HubIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
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