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Attorney2020, Attorney
Category: Bankruptcy Law
Satisfied Customers: 2579
Experience:  I am a practicing attorney. I have experience in business law, real estate law, bankruptcy and estates.
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I am a disabled veteran with a handicapped son. My wife has

Customer Question

I am a disabled veteran with a handicapped son. My wife has worked until 68 and feels that she can no longer teach school effectively. She wants to retire. The only way she can do that is to file bankruptcy. We live in a community property state. Does my VA disability have to be counted towards the means test to pay her bills?
JA: What state are you in? And has anything been officially filed?
Customer: Texas and no, nothing has been filed
JA: Has anything been filed in civil court? If so, what?
Customer: Nothing has been filed. She is considering Christian Credit Counseling, but still may not be able to retire. She owes about 40,000 in unsecured debt. I do not want to file bankruptcy. I owe about 30,000. Most of this debt occured during the three years we were both unemployed 2008 - 2011 and she was diagnosed with Cancer so she could not go to work immediately.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Will you be connecting me to a Texas lawyer?
Submitted: 10 months ago.
Category: Bankruptcy Law
Expert:  Attorney2020 replied 10 months ago.

Unfortunately, you must include any veterans’ benefits you receive when calculating your income for Chapter 7 bankruptcy. Veterans' benefits may include payments for healthcare, living expenses, and disability. In fact, for purposes of the means test you must include most types of income, other than Social Security Benefits, and in some states, unemployment compensation.

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