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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2506
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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can they make you claim disablity and unemployment

Customer Question

can they make you claim disablity and unemployment
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 3 years ago.
Chat Conversation Started
Terry L. :

Hi and thank you for your question. In the future, you can request me to answer any further questions.

Terry L. :

I don't quite understand your question. Can who make you claim them? If you don't file for them, you won't receive the benefits if that is what you are asking.

Terry L. :

are you there?

Terry L. :

can you provide more details so i can properly answer for you?

Customer :

hello, we are thinking of filing bankrucy and we were under the impersion that they can't count if med. disablilty and unemployment against us. He also has a stipit from the VA for retraining in School that they are using.

Terry L. :

oh i see

Terry L. :

Social security is not factored into the means test calculation (6mo budget analysis)

Terry L. :

Unemployment is income

Terry L. :

as well as disability

Terry L. :

only income that comes from the Social security act is not counted.

Terry L. :

are you trying to save a home with chapter 13?

Terry L. :

the disposable monthly income that is the result of the means test calculation determines what percentage of the unsecured debts that are paid pack. you take that figure x 60 and that is what needs to be paid to them.

Customer :

no the company we went with went bankruty themselfs so we lost our home and are not being charge the amount they lost in the sale.

Terry L. :

if the result was negative, you can usually do a 10% repayment dividend to them, depending on assets in the case (you must pay enough back to protect any un-exempted assets)

Terry L. :

oh i see

Terry L. :

if you pass the means test then chapter 7 is an option then, to wipe out the debt in about 90 days

Terry L. :

do you have any specific questions?

Customer :

nope that was it

Terry L. :

ok great. if you have any further you can always request me.

Terry L. :

thanks for your question, good luck to you.

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