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Disability pension income in chapter 7

Elmsford, NY |

Is disability pension money from a former employer considered income in a chapter 7 bankruptcy in New York? Does it count in the means test? Do I combine it with the income from my job?

Attorney Answers 3


  1. Income from every source goes into your Chapter 7 budget. Income from every source except social security goes into the means test. Yes you combine it with money you receive from wages to get a total, but this source of income will go on a separate line on both the budget & the means test.

    Sounds like you need to retain an attorney to handle this

    Hope this perspective helps!


  2. I agree with the answer above and reiterate that you should seek an attorney to assist you in filing this petition. Further you should consult with the attorney to ensure that the pension is properly structured to be exempt from the creditors in your eventual case.

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  3. Yes to both. And, it appears as though you may be committing fraud by collecting disability money (meaning you are not capable of working) while you are working. I think you need to consult an attorney, preferably one from the attorney finder at www.nacba.org

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