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38 USC 5301 states that the VA disability can not be assigned

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to creditors and has some...
38 USC 5301 states that the VA disability can not be assigned to creditors and has some very specific language in it. When filing bankruptcy, for the purposes of VA disability which statute would be applied, 11 U.S.C. 1325(c) or 38 USC 5301?
Submitted: 8 years ago.Category: Bankruptcy Law
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3/4/2009
Bankruptcy Lawyer: johngibson15219, Attorney replied 8 years ago
johngibson15219
johngibson15219, Attorney
Category: Bankruptcy Law
Satisfied Customers: 159
Experience: Admitted to Pennsylvania Bar 1980. I'm familiar with the new law.
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VA disability payments fall within your bankruptcy exemptions. You may use them to fund a Chapter 13 Plan but I don't think the Trustee is able to attach them despite 1325(c)'s express language.
johngibson15219
johngibson15219, Attorney
Category: Bankruptcy Law
Satisfied Customers: 159
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