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  • urgent please help

    i filed for chapter 7. I forgot I had recieved foodstamps 2 of the previous 6 months. it was the first two months. i didn't know it was supposed to be included until i read some post saying it is required. I no longer recieve them. what do i do

  • #2
    Originally posted by defeat18 View Post
    i filed for chapter 7. I forgot I had recieved foodstamps 2 of the previous 6 months. it was the first two months. i didn't know it was supposed to be included until i read some post saying it is required. I no longer recieve them. what do i do
    Did you retain an attorney to file your bankruptcy? If so, contact them right away to explain the situation and get their opinion on how you should move forward.

    If you filed pro se, then you'll probably want to file an amendment to your petition so that your income is recorded properly in your case, as food stamps are considered part of your income.

    Here's some info on how to go about amending your petition:

    https://www.nolo.com/legal-encyclope...tcy-forms.html
    Last edited by HeyRay2; 01-20-2018, 03:43 PM.

    Comment


    • #3
      I didn't know food benefits are supposed to be included as "income", and I do not believe that to be the case. Generally speaking, need-based government assistance programs are not treated as income, and are deemed to be exempt for purposes of bankruptcy.

      Comment


      • #4
        I did retain a lawyer and he never even asked about food stamps. Myself reading up on bankruptcy is how I learned of this. I am confused on it all together.

        Comment


        • #5
          Originally posted by bcohen View Post
          I didn't know food benefits are supposed to be included as "income", and I do not believe that to be the case. Generally speaking, need-based government assistance programs are not treated as income, and are deemed to be exempt for purposes of bankruptcy.
          Everything I have read indicates they are considered income and should be reported as such. Here are a few resources that support that:

          http://www.bkforum.com/forum/before-...and-bankruptcy
          https://www.avvo.com/legal-answers/a...e--600109.html
          https://www.duncanlawonline.com/are-...uptcy-filings/


          Originally posted by defeat18 View Post
          I did retain a lawyer and he never even asked about food stamps. Myself reading up on bankruptcy is how I learned of this. I am confused on it all together.
          I would contact your attorney right away and get their input and suggestions on what you should do about the food stamps. It is in your best interest for your attorney to know about every aspect of your financial situation and they can advise on how best to move forward.

          Comment


          • #6
            https://www.nolo.com/legal-encyclope...eans-test.html

            Nolo is highly recommend and states it isn't a required reporting.

            Furthing the confusion

            Comment


            • #7
              Originally posted by defeat18 View Post
              https://www.nolo.com/legal-encyclope...eans-test.html

              Nolo is highly recommend and states it isn't a required reporting.

              Furthing the confusion
              Okay, now you are all confusing me. Where on the Nolo page does it say that payments from the USDA are not income. The only government payments that are not income, for purposes of the Means Test (only) are payments that are paid by the Social Security program (SSA, SSDI, SSI).

              The bottom line is that there are only 3 exclusions for what counts as "current monthly income" (CMI) under the Means Test. Two of them are war related (war benefits and terrorism), and the other is the Social Security Administration programs. It's that simple.

              justbroke's (Pro Se) study guide: the reason the definition of "current monthly income" (CMI) is complex is because some of the monies included in CMI are in fact "exempt" from forfeiture, seizure, or attachment. In other words, you may be able to exempt money based on a federal or State law from the reach of creditors, but those exemptions do not exclude the same money from the CMI calculation. Another misconception is that CMI is only for taxable money. The bankruptcy code definition, in 11 USC 101, has no such exclusion.
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog


              I am not an attorney. Any advice provided is not legal advice.

              Comment


              • #8
                So it should be included?

                Comment


                • #9
                  It's income, regardless of cash value. Since you are represented, it is best that your attorney answer the question for you specifically. The attorney may make a note on Schedule I that the income changes over the lookback period because you're no longer receiving food assistance. That notation may help if the Trustee/United States Trustee believes that there is a presumption of abuse.
                  Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                  Status: (Auto) Discharged and Closed! 5/10
                  Visit My BKForum Blog: justbroke's Blog


                  I am not an attorney. Any advice provided is not legal advice.

                  Comment


                  • #10
                    I will ask my lawyer tomorrow but it says tanf is excluded. Tanf is cash on a ebt card. Snap is in a ebt card to. I can't imagine why tanf would be exempt and not snap.

                    I also am surprised there aren't more comments on here. No one on here receives snap and filed bankruptcy to note what you did and we're advised?

                    Comment


                    • #11
                      Exemption is different than "excluded" from the calculation of current monthly income (CMI). That's why I was very careful to explain the difference between an exemption (ability to protect property from attachment, bankruptcy, levy, or other creditor action) and exclusion.

                      Temporary Assistance for Needy Families (or TANF) is funded by the federal government through the Social Security Administration (SSA). You were asking about SNAP (which was previously known as "Food Stamps"). I'm no expert, but SNAP is a USDA program and TANF is an SSA program.

                      Would love to hear about how your attorney responded. It's probably not an area that most of the debtors on the site have dealt with when filing bankruptcy. It's a very good question and I am glad that you asked and added more detail.

                      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                      Status: (Auto) Discharged and Closed! 5/10
                      Visit My BKForum Blog: justbroke's Blog


                      I am not an attorney. Any advice provided is not legal advice.

                      Comment


                      • #12
                        .
                        Last edited by defeat18; 01-21-2018, 06:16 PM.

                        Comment


                        • #13
                          If you're in Massachusetts, that may be the thing to go by. How a particular district deals with certain payments is important. The definition of "regularly received" means on a schedule, so if you received it regularly over the last 6 months (even for just two months), then that is regular. The definitions can be confusing! It is possible that a one-time payment of those benefits are not considered "regular" for purposes of the Means Test.

                          This is why an attorney, practicing in that specific district and with that specific judge and Trustee, are best to answer whether food stamps should count. On the surface, they are not SSA payments and are not excluded automatically by the bankruptcy code. The 9th Circuit (I think it was them or the 8th) actually started to include some other "government" payments in the definition. However, that's the 8/9th circuit.
                          Last edited by justbroke; 01-21-2018, 05:29 PM.
                          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                          Status: (Auto) Discharged and Closed! 5/10
                          Visit My BKForum Blog: justbroke's Blog


                          I am not an attorney. Any advice provided is not legal advice.

                          Comment


                          • #14
                            You may have seen it from the post I made on a recent thread. Here is what I said:

                            "On Line 8f of Schedule I of your BK petition (Income) you must list "Other government assistance that you regularly receive Include cash assistance and the value (if known) of any non-cash assistance that you receive, such as food stamps (benefits under the Supplemental Nutrition Assistance Program) or housing subsidies". You must also list on a blank line what the specific assistance is (SNAP, Section 8, TANF, etc) and the monthly amount. If you receive public assistance and don't list it and file the petition, they you just committed perjury, something that you really don't want to do. That is the one form where public assistance is listed not sure if there are other forms."

                            If it's only two months out of six and you no longer received SNAP, It's not current income. To be on the safe side, I'd ask your attorney about it. Maybe this is treated as "one-off" type of income such as bonus.
                            Filed Ch 13 Fall 2013, 60 month plan

                            Comment


                            • #15
                              Originally posted by switch625 View Post
                              You may have seen it from the post I made on a recent thread. Here is what I said:

                              "On Line 8f of Schedule I of your BK petition (Income) you must list "Other government assistance that you regularly receive Include cash assistance and the value (if known) of any non-cash assistance that you receive, such as food stamps (benefits under the Supplemental Nutrition Assistance Program) or housing subsidies". You must also list on a blank line what the specific assistance is (SNAP, Section 8, TANF, etc) and the monthly amount. If you receive public assistance and don't list it and file the petition, they you just committed perjury, something that you really don't want to do. That is the one form where public assistance is listed not sure if there are other forms."

                              If it's only two months out of six and you no longer received SNAP, It's not current income. To be on the safe side, I'd ask your attorney about it. Maybe this is treated as "one-off" type of income such as bonus.
                              That is for Schedule I. I think this question is about the means test. There are items of income (like social security) that are not included on the means test that must be included on Schedule I.

                              defeat18, have you had a chance to talk to your attorney? Please let us know what he says.
                              LadyInTheRed is in the black!
                              Filed Chap 13 April 2010. Discharged May 2015.
                              $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                              Comment

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