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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2815
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Okay - trying to clear up some confusion here. I receive VA

Resolved Question:

Okay - trying to clear up some confusion here. I receive VA Disability. I am currently trying to file Bankruptcy in the State of GA (chapter 7). I know that my VA Disability income is not garnishable or used as an income source in repayment plans, etc, but is it required to be included under the Means Test calculation?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 7 years ago.
It is counted as income for means testing unless the benefit is awarded pursuant to the social security act....And generally it is not.
Customer: replied 7 years ago.
If it is included as income towards Means Testing and then that puts you into Ch. 13, is it then excluded as part of your income with respect towards a repayment plan?
Expert:  Terry L. replied 7 years ago.
No, the means test calculates the amount you need to pay to your unsecured creditors. You can use any income to show the court your ability to make the payment. Review the means test with your lawyer to make sure you are deducting all allowable items for the means test.
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Customer: replied 7 years ago.
But I thought that a Trustee or Judge could not attach nor garnish VA Disability payments.

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