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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37854
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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When calculating income, since VA disability is not assignable

Resolved Question:

When calculating income, since VA disability is not assignable is either the VA disability or Social Security added into the income ratio when calculating disposable income?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 7 years ago.

Calculating income for what purpose?


Customer: replied 7 years ago.
Calculating for bankruptcy
Expert:  socrateaser replied 7 years ago.

11 U.S.C. 1325(c), provides, "...the term 'disposable income' means current monthly income received by the debtor (other than child support payments, foster care payments, or disability payments for a dependent child made in accordance with applicable nonbankruptcy law to the extent reasonably necessary to be expended for such child)..."


Based on the statutory language, both VA disability and Social Security are part of the disposable income calculation.


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Customer: replied 7 years ago.
I was under the impression that Congress had specifically excluded Social Security Disability from the median income test and VA disability is statutorily unassignable. If your answer still stands just say so and I will accept disappointedly.

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