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I am a 60 % Disabled Vietnam Vet. ready to file Chapter 7 with my wife. Also receive SS. Debt was not incured in service.

Wellsville, KS |

Will I need to include my Military Disability and Soc. Security along with my wife's salary, she makes more than the states median allowed. Everything I've read, says the debt must have accured during some sort of service. For me that was over 40 years ago. We only have 1 vehicle she uses to get to work. We've given our house back to the bank and or now renting. Other than that we don't have anything of value. All of our debt is either Credit card or Pay Day Loans ( with very high interests )

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Attorney answers 4


Get an attorney to file a Chapter 7 to avoid problems. Social Security Income does not count and disability income may or may not count according to the means test. No matter what you should get an attorney to file the case and fill out the forms for you.

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So with 60% Military Disability, I still have to take the means test? The attorney we have retained thinks we can opt out of the means test because of the disablity and I thought I should get other opions.


You should hire a lawyer to work with you in filing your case. Social Security benefits do not get included in the means test, but most likely the military disability income does. If that puts you over the median for your household of two then you should NOT file a case without an experienced attorney. Navigating the means test is a challenge for even those attorneys who do it all the time. It is not for the inexperienced or for the pro se filers.


You need form b 22 completed. the forms are different for chapters 7 and 13. you need a lawyer.

This answer does not create an attorney client relationship between you and I. I am not your attorney unless we both sign a written contract that describes our relationship and terms of the representation. Any information provided to you here is not a substitute for the advice you need to pursue any legal matter. I advise you to retain the services of a local attorney before taking any legal action in this matter.


Just because your household income puts you above median income, that does not mean you cannot file a 7. Social Security income is not counted; the disability income will be. I doubt the exception for debt incurred while in the service woud apply, but there remains a solid chance you will still qualify for a 7. Clearly, you should meet with an experienced bankruptcy attorney.

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