Disabled Vets Able to File Chapter 7 Bankruptcy Regardless of Income

Posted on Aug 11, 2015 By Mary Pool

Attorney Mary PoolAs a daughter of a retired U.S. Army Command Sergeant Major, I personally know the financial and personal sacrifices that our military families face while their service men and women are away.  The financial sacrifices are difficult with one spouse at home as the primary caretaker of the family while the other spouse is away serving our country.  I can remember the stress my mother was under to provide for our family while my father was away for an entire year.  Once the service member returns home, there are many challenges military families face, such as, reestablishing the dynamics in the family, helping their service member cope with the “normalcy” of home and financially trying to make ends meet.

Fortunately, for some military families with veterans on disability, a chapter 7 may be able to help relieve some of those financial stresses if the veteran:

  1. Is rated at least 30% disabled by the Veterans Administration or was discharged as a result of a disability that incurred in the line of duty; and
  2. Debts were incurred while on active duty.

The veteran is exempt from the chapter 7 means test if the above applies.  If the spouse of the veteran works, then only he/she would need to complete the means test for his/her income to determine whether they can file chapter 7.

This is a huge benefit for our veterans receiving disability and their families because most normally would not qualify to receive a chapter 7 discharge if their income exceeds a certain threshold.  These families sacrifice so much for our country and it is great that Congress recognized this fact by providing the exemption to the means test for some veterans.  With the VA benefits exemption, these families will be able to be provided the fresh start that they deserve.

At Bond & Botes, our attorneys are committed to helping your family receive the fresh start that you deserve.  Call your local Bond & Botes office today for a FREE consultation to discuss your financial options.