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Husband gets VA full disabled pension and I get about $1200/mo from SS and retirement pension. Can I file bankrupcy ? or does his VA benefits put us higher income than is allowed for filing?
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Of course you can file a BK - it is simply a matter of figuring out the best chapter to file under.
Protected retirement assets count towards the calculation of the means test. This suggests that you might end up over the limit for a Chapter 7. If this is the case, we would simply put you in a very Low payment Chapter 13, get you free of your debt and make it very affordable for you. In a Chapter 13, the retirement does not count towards the determination of your payment, so you will be able to get out of debt for almost nothing.
Answered on May 10th, 2016 at 12:45 PM