Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.
Will you be receiving a retroactive sum of money?
Is the disability from Social Security?
no from my job
Did you indicate on Schedule I that your income may increase in the coming year because of your disability application?
Will the addition of the disability income put you over the state median for your household size - so that you would not pass the Means Test if your monthly disability income was taken into account.
not sure what you re saying
How much will your total monthly household gross income be after you start receiving the disability payment?
And how many are in your household?
on me and my wife
Thank you for your responses.
Given the information you provided, your disability will not affect your Bankrupty, because your income will still be low enough. Additionally, as disability income is exempt (protected) from the Bankruptcy court, you would be able to keep your retroactive payment.
However, the information regarding the disability application should have been reported on your Bankruptcy petition. Since your case has not yet been closed, you or your attorney (if you have one) should report this information to the trustee. The reason is if the trustee finds out about the award on his or her own, the trustee can try to have your case dismissed.
Many Bankruptcy filers inadvertantly leave out information that is supposed to be included - and the Bankruptcy court does not mind this if the Bankruptcy filer provides the information after the Bankruptcy is filed.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).