I don't understand this, help please

[DYLAN150]

In my state they have a list of what you get to keep in Bankruptcy. It lists" Veterans disability payments". Well here is my question, if you get to keep it then why do you report it as income for the means test?

[keepmine]

I thought veterans disability pensions were exempt from means testing.
Are you sure you're not thinking of dispsoable income?

[DYLAN150]

I maybe confused, but I thought I read on this site sometime back that Veterans disability was counted in the means test as income.

[catleg]

A lot of these exemptions also apply to what can be grabbed from you using a judgement.

[justbroke]

I thought veterans disability pensions were exempt from means testing.
Are you sure you're not thinking of dispsoable income?

There's a difference between the current monthly income calculation and the disposable income calculation.

In any event, there are really only two exception to what's not included in the current monthly income calculation Those exceptions are social security benefits (which some argue that unemployment insurance is a SS benefit), and certain war benefits.

You get to keep it, as in it's exempt from garnishment or judgments. There is a big difference between an exemption and "income" as it pertains to the calculation of your current monthly income.

[keepmine]

OP, does this fit your situation:

http://doney.net/bkcode/11usc0707.htm

(D) Subparagraphs (A) through (C) shall not apply, and the court may not dismiss or convert a case based on any form of means testing, if the debtor is a disabled veteran (as defined in section 3741(1) of title 38), and the indebtedness occurred primarily during a period during which he or she was--

(i) on active duty (as defined in section 101(d)(1) of title 10); or

(ii) performing a homeland defense activity (as defined in section 901(1) of title 32).

[DYLAN150]

Keepmine, thanks but that does not apply to me. I have not completed the means test however, with Veterans disability income I am about 12k over the median income for my state.

[keepmine]

Here's a link that may give you an idea where you stand.

http://www.legalconsumer.com/bankruptcy/means-test/index.php

[DYLAN150]

Keepmine, thanks for the address: I took the test and failed. (about 950 per month left over)