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Iam in a chap 13 bankruptcy now. The judge kept turning down…

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Iam in a chap 13...
Iam in a chap 13 bankruptcy now. The judge kept turning down my loan modification due to my budget not reported correctly and lawyer wanted to put me on the stand. Now I asked her that I want to surrender my house and let it go into foreclosuee. She said I could do that but I still owe credit card debt. Could I just file a chapter 7 and do a.loan modification through my mortgage company. Also she counted my veterans disability as income on my budget sheet. This is non taxable incom.
Submitted: 2 years ago.Category: Legal
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Answered in 10 minutes by:
1/16/2016
Lawyer: socrateaser, Lawyer replied 2 years ago
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 40,150
Experience: Retired
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Hello,

Concerning your question about converting your Chapter 13 into a Chapter 7, and then negotiating with your lender, the answer is, "yes," you can do this, provided that your income meets the requirements of the "means test."

Concerning the veteran's disability being nontaxable income, the U.S. Bankruptcy Code considers all income, except Social Security, in the means test calculation. The fact that your veterans disability is not taxable does not matter in bankruptcy court. However, the means test does not apply to a veteran if his or her indebtedness occurred while on active duty, or during a homeland defense activity.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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