Kilgore, TX asked in Bankruptcy for Texas

Q: I am filing a Chapter 7 Bankruptcy in Texas. Do I have to list my husband's VA Benefits in my income calculation?

The only income my husband and I have is social security income and his VA disability payments. We were married in 2019. Before our marriage, I accumulated much credit card debt. I am now retired, and unable to pay the credit cards. I know that his disability payments are excluded from the Means Test, but do I have to disclose it on the schedules? He will not be filing bankruptcy with me.

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1 Lawyer Answer
Sean T. Flynn
Sean T. Flynn
  • Bankruptcy Lawyer
  • Austin, TX
  • Licensed in Texas

A: Hello there. You are correct that you do not need to input VA disability and Social Security on the means test, but you do need to disclose the income on your schedule I as part of your income. You would also need to disclose it on the Statement of Financial Affairs as well.

Timothy Denison agrees with this answer

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