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Disabled Veterans and the Means Test for Chapter 7 Bankruptcy

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  • 08-21-2017, 12:31 PM
    cobra89y
    Disabled Veterans and the Means Test for Chapter 7 Bankruptcy
    My question involves bankruptcy in the state of: chapter 7, I know as a disabled veteran I can bypass the means test, but from what I can find online this applies to you if you debt was primarily obtained while on active duty. Is this specific to each debt individually or does it mean if over50/60% of my debt was acquired while on active duty I can just include anything no matter the date?
  • 08-22-2017, 04:16 PM
    Mr. Knowitall
    Re: Disabled Veterans and the Means Test for Chapter 7 Bankruptcy
    To qualify for an exemption from the means test as a disabled veteran, you must have at least 30% disability from service or have been released or discharged due to disability; and your debt must have been primarily incurred during your period of active duty / homeland defense activity.
  • 08-23-2017, 05:36 AM
    cobra89y
    Re: Disabled Veterans and the Means Test for Chapter 7 Bankruptcy
    This is in the state of Texas, im 50% disabled, my question is when its states that the debt "primarily incurred" does this mean half or more of the debt, or does it mean the individual debt had to have occurred on active duty?
  • 08-23-2017, 07:19 AM
    Mr. Knowitall
    Re: Disabled Veterans and the Means Test for Chapter 7 Bankruptcy
    There's no statutory definition of "primarily" and thus, although there may be a bankruptcy court that applies a different interpretation, the normal plain language interpretation is "more than half".
  • 08-23-2017, 09:38 AM
    cobra89y
    Re: Disabled Veterans and the Means Test for Chapter 7 Bankruptcy
    So would my best bet be to call the local court that handles bankruptcy and see how they interpret it? I'm still debating on using a lawyer on my bankruptcy, the prices in my area are around 2k, any suggestions on that route? Thinkng of using a bankruptcy preparation service for the paperwork.
  • 08-23-2017, 06:54 PM
    despritfreya
    Re: Disabled Veterans and the Means Test for Chapter 7 Bankruptcy
    Quote:

    Quoting cobra89y
    View Post
    So would my best bet be to call the local court that handles bankruptcy and see how they interpret it?.

    Negative. The court cannot give you legal advice. I believe Mr. K's info is spot on. Please consult with a local attny. And. . .

    Thank you for your service and sacrifice.

    Des.
  • 08-24-2017, 07:10 AM
    cobra89y
    Re: Disabled Veterans and the Means Test for Chapter 7 Bankruptcy
    Thanks for the info, nice that your willing to help people out.
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