Stop SS benefits and pass chapter 7 Means Test ?

[OHBOY]

Here is an interesting scenario:
Spouse has been receiving SS Disability benefits that will be converting to 'regular' SS benefits once reaching full retirement age earlier next year.

SS just sent a letter stating that spouse has choice of stopping SS benefits at full retirement age and postpone recieving them in exchange for increased future benefits. At age 70 SS benefits would then automatically start at an increased amount, BUT...spouse would be able to change mind ANYTIME after signing up for this program and benefits would then start based on how many months SS benefits were not received....
Here is my concern as it pertains to me possibly filing bankruptcy:

As spouse is contemplating enrolling in this program of delaying recieving regular SS, it would (coincidentally...) make it possible for me to pass the chapter 7 means test with flying colors. Without this scenario it's definately chapter 13 hell.

Now all of this sounds very interesting to my ears and situation, but I am curious in as far as prior tax statements would go, and wondering if trustee would frown seeing that a NON filing spouse postponed receiving regular SS benefits after having received Disability benefits all along.
Maybe I worry too much, but any thoughts/input would be appreciated.

[tobee43]

we filed in florida and ss was exempt...period...your fine.... have him collect asap. and good luck!

[OHBOY]

tobee43: Thanks for your input.
I think maybe did not word all of this clearly enough...Not having the SS would bring our household income down, and keep me out of chapter 13 for sure.....

[tobee43]

tobee43: Thanks for your input.
I think maybe did not word all of this clearly enough...Not having the SS would bring our household income down, and keep me out of chapter 13 for sure.....

no i understood...and the ss is exempt...period...which means that do not count it as income it is protected under the ss act...is simply not counted in.

ask an atty to be absolutely comfortable...i have my florida discharged petition right in front of me...and ss was NOT included. but then again...who knows what in this state..in one county UI is counted on the means and in our county it is NOT...proceed carefully and mindfully...and make certain the atty you chose knows what is what with respect to where you are located....

let me know how it goes!!

[OHBOY]

no i understood...and the ss is exempt...period...which means that do not count it as income it is protected under the ss act...is simply not counted in.

ask an atty to be absolutely comfortable...i have my florida discharged petition right in front of me...and ss was NOT included. but then again...who knows what in this state..in one county UI is counted on the means and in our county it is NOT...proceed carefully and mindfully...and make certain the atty you chose knows what is what with respect to where you are located....

let me know how it goes!!

All most interesting...was indeed aware that SS is protected under SS act, however as I consulted 4 different attorneys throughout last year I was told out that at those times that the bk courts do include it as income.
I see you were discharged relatively recently, so maybe they changed the rules (?).......
Which district did you file ? I am in the Middle.

[tobee43]

All most interesting...was indeed aware that SS is protected under SS act, however as I consulted 4 different attorneys throughout last year I was told out that at those times that the bk courts do include it as income.
I see you were discharged relatively recently, so maybe they changed the rules (?).......
Which district did you file ? I am in the Middle.

we r too....