Military retire pay

[Spytheweb]

i plan to file chapter 7, will my retirement pay be used for the means test?

[lrprn]

i plan to file chapter 7, will my retirement pay be used for the means test?

If you are currently receiving your military retirement pay, then yes, it will be included to calculate your total gross income from all sources when you file.

[CPO]

i plan to file chapter 7, will my retirement pay be used for the means test?

Yes.

I collect both retired military pay and VA disability...

...which is being converted into Combat Related Special Compensation in the next few months.

Sorry, its all counted as income for the means test calculation.

About the only "income" not counted is various benefits paid under the Social Security Act.

And there is some argument there as well. Unemployment compensation has its own special little box on the B22 form...

Argued because some unemployment is federally funded under the SSA.

So, sorry, I know what you were thinkin'

But, no joy.

Don't forget, the "means test" is ONLY to calculate for the presumption of abuse. It does not "qualify" you for a BK7. It simply tests for abuse of the BK code.

Your schedules "I" and "J" are your real benchmark as for as whether a BK7 fits your situation.

Many fall over the means test and yet are successful candidates for a BK7. It's all in the income to debt ratio.

Take a real close look at your situation, and what your situation will look like in the future and you may find that

CPO

[O2brnot2b]

[deleted due to possible copyright issues]

If you are going to quote a source, you must identify the source. Thank you.

[helpmeout]

Probably, I had to include my child support even though that is exempt from creditors and garnishments.

[HHM]

Yes, it is income for the means test.

[LadyInTheRed]

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