Trustee challenge

[iloveoliver]

My 341 is next Monday. I have a unique situation in that, I received 14 months of SS disability pay the day b4 filing. It was $27,000. I filed Chapter 7 and prior to that had no money. I owe about $18,000 so that money will cover it if necessary.
From my further reading it appears my no asset could turn into an asset case. Am I correct? What happens after that?

[lrprn]

My 341 is next Monday. I have a unique situation in that, I received 14 months of SS disability pay the day b4 filing. It was $27,000. I filed Chapter 7 and prior to that had no money. I owe about $18,000 so that money will cover it if necessary.
From my further reading it appears my no asset could turn into an asset case. Am I correct? What happens after that?

ILO, there's quite a robust thread you started about your unexpected SS disability pay the day before filing at http://www.bkforum.com/showthread.php?t=22998 that answers some of your question.

As far as whether the SS disability can turn your no asset case into an asset case, SS disability income is exempt from seizure by the trustee. Also Congress speciifically excluded Social Security disability benefits from the median income test calculations. This means that your Social Security benefits do not count when calculating your household income for median income/means test purposes, so there's no need to file amended forms that include it - http://www.************************/...lity-benefits/

Was your lawyer aware before you filed bankruptcy that you had also filed for SS disability?

[iloveoliver]

ILO, there's quite a robust thread you started about your unexpected SS disability pay the day before filing at http://www.bkforum.com/showthread.php?t=22998 that answers some of your question.

As far as whether the SS disability can turn your no asset case into an asset case, SS disability income is exempt from seizure by the trustee. Also Congress speciifically excluded Social Security disability benefits from the median income test calculations. This means that your Social Security benefits do not count when calculating your household income for median income/means test purposes, so there's no need to file amended forms that include it - http://www.************************/...lity-benefits/

Was your lawyer aware before you filed bankruptcy that you had also filed for SS disability?

I did not tell him only because

1. I forgot about it. I never expected to be approved. I had applied in Aug/2007.

2. And I never expected to receive it. I've heard that most people are denied the first time and then need to appeal. This was the first time I applied and I just went on my merry way. Fully expecting to be denied

.
As far as the SS disability, from what I have read you are correct. Although my lawyer has expressed some concern that the trustee will not see it that way. That she will see the money in my bank account as cash on hand and challenge. My lawyer doesn't seem to know for sure but is pretty sure.

So i do have a dilemma/quandary.