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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2901
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Joint debtors are both receiving social security monthly payments

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Joint debtors are both receiving social security monthly payments (retirement benefits above 65 yrs. of age.) On Form B22A (means test) Part II number 7, debtor (wife) listed her additional monthly income from a private retirement plan. And on Part II number 10 it states not to include benefits from the social security act.
1) Is social security mo. payments exempted or not included in the means test income calculations and if it is supposed to be included, is it supposed to be listed on number 7 or somewhere else?
2) Debtors also own a vacation time share and wants to retain the time share-- listed on schedule G. Do you list it on Part B on form B8 (statement of intention) or do they need to list or declare it somewhere else?

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

You are correct, Social security income does not get added on the Form B22a (means test) as income.

Terry L. :

Social security income should be listed on Schedule I, which is the income schedule. All income, from all sources is listed here.

Terry L. :

Debtor should list the timeshare on Schedule A, and associated loan on Schedule D.

Terry L. :

Any timeshare expenses, and loan payment would be listed on schedule J.

Terry L. :

Debtor's Statement of intent would list that the debtor wishes to reaffirm the debt, meaning keep it.

Terry L. :

Do you have any questions?

Customer:

1)What should debtor put on statement of intent -- is the time share exempt?2) and the question if retaining property on "other" what should debtor do as they plan to continue payment but does not want to re-affirm?

Terry L. :

I don't know if the timeshare is exempt. It would depend on the value. There are no 'exemptions' to use for a timeshare. If the value is less than the amount owed, it would be exempt

Terry L. :

As for other, the court does not allow a ride through to be selected as an option, (ie: retain and pay).

Terry L. :

The debtor must either choose to reaffirm and keep, or surrender and discharge.

Terry L. :

Now, I understand what the debtor wishes to do, and they can select reaffirm. Statement of intent does not have to be followed. Reaffirming keeps the debtor on the hook for the payments. If no reaffirmation is filed, the debtor can continue to make payments and keep the asset, but only if the creditor allows it.

Terry L. :

Do you have any further questions?

Customer:

Thank you for direct to the point answers.

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