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    Disability Income

    Does anyone know if Social Security Disability income is exempt? I will be filing (I'm married but filing myself) and I know they take his income into account - his only income is his disability - which is permanent, not a temporary work disability income.
    Filed C7: 3/21/08
    341 Meeting: 4/23/08
    Objections to discharge due: 6/23/08
    Discharged 6/30/08

    #2
    Disability income is exempt "as an asset", but it is NOT exempt in determining disposable income.

    Comment


      #3
      ok, can you explain a little further?

      I'm filing alone (not with spouse) - does his disability income need to be factored into our income then?

      I am confused. C7 - cc debt (all mine). I'm not real familiar with disposable income.
      Filed C7: 3/21/08
      341 Meeting: 4/23/08
      Objections to discharge due: 6/23/08
      Discharged 6/30/08

      Comment


        #4
        Yes, even if you are filing alone, you need to list all sources of income. However, what happens is, you also list the other persons expenses, so usually, the issue ends up being a wash.

        Disposable income is the difference between your income (from all sources) and your necessary living expenses (rent/mortgage, food, insurance, utilities, etc etc). If you have too much money left over at after deducting your expenses from your income, the US trustee will likely require you to file a chapter 13.

        Sounds like you are at the beginning of the learning process. I'd suggest making a few free consultations with attorney's to give you a better sense of where you stand.

        Comment


          #5
          Originally posted by Teddy View Post
          ok, can you explain a little further?

          I'm filing alone (not with spouse) - does his disability income need to be factored into our income then?

          I am confused. C7 - cc debt (all mine). I'm not real familiar with disposable income.
          Disposable income is the amount left over after regular monthly expenses are calculated.
          Your net payckeck plus his disability income are considered household income for the two of you. This - minus allowable expenses is then considered left over disposable income.

          Comment


            #6
            Ok, thanks! I understand it now, it''s kind of like I thought. I have done several worksheets I've found online that go over all expenses/income.
            Filed C7: 3/21/08
            341 Meeting: 4/23/08
            Objections to discharge due: 6/23/08
            Discharged 6/30/08

            Comment

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