Troy, OH asked in Bankruptcy for Ohio

Q: I know it doesn't on the means test side, but does VA disability on schedule j cause a 7 to be a 13?

I'm in SW Ohio, disabled veteran with 3800 in disability each month, my wife's not filing and makes 1850 after taxes. Even with the deductions, the schedule j would push me into a chapter 13 if I had a normal income. Is VA disability actually considered "disposable income"? Thank you for any help

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1 Lawyer Answer
James L. Arrasmith
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  • Bankruptcy Lawyer
  • Sacramento, CA

A: It is important to note that while VA disability benefits are excluded from the means test calculation utilized in Chapter 7 bankruptcy cases, they can be considered as part of your income in the Schedule J, where you list your monthly expenditures, in the determination of your disposable income. Whether it will force you into a Chapter 13 bankruptcy, as opposed to a Chapter 7, can depend on a variety of factors including your total debt, assets, and other financial circumstances. However, these laws can be intricate and vary, hence you should consult with a bankruptcy attorney in Ohio to get advice based on the precise details of your situation.

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