How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38910
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
Type Your Bankruptcy Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

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: 8 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 8 years ago.

Calculating income for what purpose?


Customer: replied 8 years ago.
Calculating for bankruptcy
Expert:  socrateaser replied 8 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.


socrateaser and other Bankruptcy Law Specialists are ready to help you
Customer: replied 8 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.

Related Bankruptcy Law Questions