top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Is it income?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Is it income?

    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.
    Filed: Dec 31, 2008
    341: Feb 5, 2009
    Discharge: Apr 7, 2009 (61 days even)

    #2
    Yes it is
    Chapter 7 07/30/2008
    341 09/17/2008
    Discharge 11/21/2008

    Comment


      #3
      Originally posted by TEW View Post
      Yes it is
      I guess my lawyer told me wrong then.
      Filed: Dec 31, 2008
      341: Feb 5, 2009
      Discharge: Apr 7, 2009 (61 days even)

      Comment


        #4
        Originally posted by elstx View Post
        I guess my lawyer told me wrong then.
        Your lawyer is wrong. Unless he intends to fight it.

        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"--
        .
        .
        .
        (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.

        Comment


          #5
          I didn't have to do the Means Test, because I'm a disabled veteran.
          Filed: Dec 31, 2008
          341: Feb 5, 2009
          Discharge: Apr 7, 2009 (61 days even)

          Comment


            #6
            Originally posted by elstx View Post
            I didn't have to do the Means Test, because I'm a disabled veteran.
            H.R. 4044 correct and you don't pay filing fee from what i have read. but you still count the income
            Chapter 7 07/30/2008
            341 09/17/2008
            Discharge 11/21/2008

            Comment


              #7
              I had to pay a filing fee.
              Filed: Dec 31, 2008
              341: Feb 5, 2009
              Discharge: Apr 7, 2009 (61 days even)

              Comment


                #8
                Anyone else have any input on this?
                Filed: Dec 31, 2008
                341: Feb 5, 2009
                Discharge: Apr 7, 2009 (61 days even)

                Comment


                  #9
                  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. 'Hub
                  If 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.

                  Comment

                  bottom Ad Widget

                  Collapse
                  Working...
                  X