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Anne_C
Anne_C,
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I am filing for bankruptcy and need to know whether my military

Customer Question

I am filing for bankruptcy and need to know whether my military pension and VA benefit records can be found by searching various databases? In other words, is it possible for anyone, even the court, to access information about the financial benefits I receive from the military and VA? And are either of these included as income that can be used for re-structuring debt? I understand my social security is not, but do not know about military retirement and VA.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Anne_C replied 4 years ago.

Can you confirm that you are asking about a military pension? That would be unusual for someone who is receiving Social Security benefits - I'd expect to see either disability pay or retirement pay, or a combination of the two. Also, what kind of VA benefits are you asking about?

Customer: replied 4 years ago.
Sorry, I do mean a combination of USAF retirement pay and VA disability pay. Does this properly answer your question? thank you.
Expert:  Anne_C replied 4 years ago.

It does.

 

Military retirement pay and Veterans Administration Pay are not subject to garnishment by a bankruptcy Court.

 

I don't think that's exactly what you asked - I think you were asking if you needed to list Military Retirement Pay, VA Disability Pay, and possibly Social Security Pay when you file for bankruptcy. You will need to list these payments as exempt property.

 

If you are wondering if these retirement and disability assets are going to show up on a credit check, the answer is "yes." A credit report will show incoming money, and it will show your length of service. You may be tempted not to list these, but it's extremely important in a bankruptcy to be forthcoming about your assets. Otherwise, the bankruptcy court can decide not to discharge you in bankruptcy.

Customer: replied 4 years ago.
Yes, I was wondering whether we had to list it, as it is non-reported income and I have never seen this income listed or my length of service listed on a credit report. What kind of credit report are you referring to that shows 'incoming money'?

We do not want to take the risk of the court deciding not to discharge our filing, so if it is required to list this income, I will do so. I also receive social security. We have to take a 'means test' that asks us to list all income. So when you say all this income cannot be garnished and should be listed as 'exempt property', does that mean that this income is exempt from consideration as part of our available income to repay creditors? Thank you.
Expert:  Anne_C replied 4 years ago.

Can you clarify this for me - your credit reports aren't showing an average bank balance?

Customer: replied 4 years ago.
Credit reports do not show your personal banking records, they only show credit records and the balances being carried by those creditors, that's why I don't know what kind of report you are referring to.

The most important part of all this for us is to know whether my USAF/VA/Soc Sec income will be counted as income available to repay creditors, or will it be exempt from this? And would this definitely apply to the State of Montana. Thank you.
Expert:  Anne_C replied 4 years ago.

Okay, I think that we're talking about two different kinds of credit reports.

 

Regardless, though, your question is really drifting out of Military Law and into Bankruptcy. I am going to "opt out" and ask for your question to be recategorized to Bankruptcy.

Customer: replied 4 years ago.
ok, thanks, Anne. Is there anything I need to do to have it recategorized and assigned? And I'd still like to know what kind of credit report you're talking about, because I don't think I'm aware of what you're talking about. Thanks again.
Customer: replied 4 years ago.
Relist: Incomplete answer.
My expert did her best, XXXXX XXXXX it was not her area of expertise and said she was referring my question to a bankruptcy attorney, but I haven't heard anything yet. thank you.

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