QUESTION

is ssdi considered income under chapter7

Asked on Jan 21st, 2013 on Bankruptcy - Missouri
More details to this question:
can it be garnished?
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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Social Security Disability income is not considered part of "current monthly income" for purposes of the means test.  However, some courts may still consider it part of your overall ability to pay your debts so if it creates a surplus in your budget, it could draw an objection to you being in a Chapter 13 case.   However, recent court decisions, at least on the west coast, seem to be trending towards not requiring it to be counted as income at all. You need to have a consultation with an experienced bankruptcy attorney in your area for more details specific to your situation. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.    
Answered on Jan 21st, 2013 at 2:50 PM

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