30% Disabled Veteran

[DelawareCh13]

I'm a 30% Disabled Veteran (Most debt accrued while on active duty).

I'm told that I'm exempt from the means test, but the disposable income/expense has thrown me into 13. My Atty still researching whether a 3 or 5 year plan. Is there anyone else in my shoes? It looks like the Ammendment by Senator Durbin was in vane for helping vets.



Thank You,

Delaware13

[HHM]

If you are over median and cannot pass the means test, it will be 5 years.

Sorry to hear you could not get the "special circumstances" exception to the means test.

[jtcohenour]

I think the only individauls who are exempted from the means are guard/reserve depolyed. I am active duty and still had to meet the constraints.

[HHM]

The veteran exemption is this

1. Person is disabled veteran (according to title 38, 3741(1))
2. The debt was incurred while on Active Duty or Performing a homeland security function.

[flyinbroke]

The veteran has to be 30 percent or more disabled, debt has to be incurred on active duty; not sure if they allow lesser percentages under certain circumstances. This just gets you out of the means test but sounds like they will still means test you at the lawyer's office.

This would suck since I landed a great job and am quite a bit over the median (hell, median rent and utilities is less than half what I pay) and if I get stuck with a 13, sounds like I get another five years on ramen noodles so why do BK at all if I am still broke (guess I am not sure how this works). Have to see what the atty says.

[liboton21]

I'm a 30% Disabled Veteran (Most debt accrued while on active duty).

I'm told that I'm exempt from the means test, but the disposable income/expense has thrown me into 13. My Atty still researching whether a 3 or 5 year plan. Is there anyone else in my shoes? It looks like the Ammendment by Senator Durbin was in vane for helping vets.



Thank You,

Delaware13

Do you have a job right now in Sen Turban state? If not, look for a federal job in Cali i.e. VA then wait for 6 mos to file for BK then you will be under the median if over 4 four dependents. Just my 2 cents.