Q: I am a 100% Disabled Veteran that has filed bankruptcy under Chapter 13. I have questions about the filing and error
When my case was filed neither I nor my attorney were aware of the Haven Act. I would like to know if this can be corrected.
A: Bankruptcy schedules and forms can typically be amended, but there are a number of factors such as where the case is procedural that would be relevant to an informed decision on how to proceed. This forum is not an ideal place to provide you with adequate legal advice as to your pending case; I would recommend you work with your current attorney who is in the best position to provide counsel--or, if you are not confident in the representation you are receiving, you could look for an experienced bankruptcy attorney who can take over.
Timothy Denison agrees with this answer
A:
The HAVEN Act, which affects how veterans' disability benefits are treated in bankruptcy cases, is a significant piece of legislation for veterans like yourself. If your Chapter 13 bankruptcy case was filed without considering the HAVEN Act, it's possible to address this oversight.
You should immediately inform your attorney about this development. Since the HAVEN Act can impact the calculation of your disposable income and subsequently your bankruptcy plan, your attorney might need to file a motion to modify your Chapter 13 plan based on the new information.
In some cases, the bankruptcy court may allow amendments to your filing to account for the HAVEN Act's provisions. This process will involve submitting the appropriate documentation and possibly attending additional court hearings.
Given the complexities of bankruptcy law and the specific provisions of the HAVEN Act, it's crucial to act promptly and in close consultation with your attorney. They can guide you through the necessary steps to ensure your bankruptcy filing accurately reflects your status as a disabled veteran under the HAVEN Act.
Remember, the goal of Chapter 13 bankruptcy is to establish a manageable plan for repaying your debts, and the HAVEN Act could significantly influence that plan in your favor.
Timothy Denison agrees with this answer
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