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I have income from 100% va disability and ssdi. Are these…

Customer Question
I have income from...

I have income from 100% va disability and ssdi. Are these considered income in bankruptcy

Lawyer's Assistant: What state are you in? And has anything been officially filed?

SC and no. Just exploring options

Lawyer's Assistant: Has anything been filed in civil court? If so, what?

No. I am also not late on any payments

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

35k in debt but own my home through va loan with small mortgage payment and am exempt from property taxes

Submitted: 4 months ago.Category: Bankruptcy Law
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10/16/2017
Bankruptcy Lawyer: ScottyMacESQ, Attorney replied 4 months ago
ScottyMacESQ
ScottyMacESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17,696
Experience: General Practice Attorney
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Thank you for using JustAnswer.

In Chapter 7 bankruptcy, almost all of your property is considered property of the bankruptcy estate. This means that the bankruptcy trustee can take your nonexempt assets and sell them to repay your creditors. In most cases, state and federal bankruptcy exemptions protect your disability benefits from the Chapter 7 trustee. But the extent to which your benefits are protected depends on the source of your payments.

In general, both Social Security and bankruptcy laws protect your SSDI benefits if you file for Chapter 7 bankruptcy. If you receive ongoing monthly disability payments from SSDI, you will normally be allowed to keep your payments. In most cases, debtors need these benefits to support themselves and their dependents while they are unable to work. As a result, they are typically protected by both state and federal exemptions.

US Code 38&5301(a) state that VA Disability is not considered income. Bankruptcy Code (BC) 11 USC 522 (d)(10)(b) states that VA Disability is exempt the same way that Social Security Disability benefits are exempt.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

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Bankruptcy Lawyer: ScottyMacESQ, Attorney replied 4 months ago

Did you have any other questions before you rate this answer?

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Bankruptcy Lawyer: ScottyMacESQ, Attorney replied 4 months ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

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Bankruptcy Lawyer: ScottyMacESQ, Attorney replied 4 months ago

Should I continue to await your response, or may I assist the other customers that are waiting?

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Bankruptcy Lawyer: ScottyMacESQ, Attorney replied 4 months ago

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time (over 1 hour) and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Bankruptcy Lawyer: ScottyMacESQ, Attorney replied 4 months ago

I see you have not responded in some time. Did you wish to continue with this question?

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Bankruptcy Lawyer: ScottyMacESQ, Attorney replied 4 months ago

Please note that I am still waiting for your response or rating... Can you see on your screen where you need to rate it? Note that you may need to press a "submit" button after clicking on the appropriate star rating. This is what I'm waiting on from you. Thanks!

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