Soc. Sec. & Chpt 13 to a Chpt 7

[Introuble2008]

Hi -- we have a question and don't want to call our attorney yet. We filed Ch 13 last summer and started paying the trustee $800.00 a month. At the time we met with our attorney, we told him part of our income was my DHs 401K and that money will run out approx summer 2009. In May 2009, DH will start receiving Social Security. The difference in income will be approx. $800 less than his 401K!!! The atty said to not worry that a few months before the 401K runs out, we should come in and he'll file to change it to a Chpt 7. Well, as it is there will be an overlap....the 401 won't run out until Aug as it stands right now. Now the question: Is Social Security considered "income" in the bankruptcy court. And, should we be pulling MORE money out to make the events happen the same month? Any suggestions?

Thanks in advance!

[optimistic1]

Pretty sure it is included as income.

[Tbornetun]

Social security is NOT considered income for the means test. The means test is used to determine your disposable income.

Receiving SS will not change anything for you.

[DYLAN150]

Is it also true that Veterans Disability is not counted in the means test for income?

[optimistic1]

Social security is NOT considered income for the means test. The means test is used to determine your disposable income.

Receiving SS will not change anything for you.

Sorry, I was wrong, it was unemployment I was thinking about.