We did a ch 7 8 years ago and are now looking at doing it again . My husband has developed congestive heart failure and end stage kidney failure over the last 3 years. Because of it he is on SSDI and has a LTD plan that pays monthly. I read that SSDI income is not considered for the means test. Is that correct ? How about his monthly LTD (Long Term Disability) payment from MetLife ? Is that considered on the means test as well? I called our lawyer today but haven't received a call back yet. We were going to do a ch 13 3 years ago and had paid the atty fees and filing fee but never filed because of his declining health and our unstable income. Ugh. Any insights would be appreciated.
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So sorry to read this. Our own bodies are failing us.Originally posted by anmlhaus View PostWe did a ch 7 8 years ago and are now looking at doing it again . My husband has developed congestive heart failure and end stage kidney failure over the last 3 years.
SSDI comes from the Social Security Act so it does not count on the means test.Originally posted by anmlhaus View PostBecause of it he is on SSDI and has a LTD plan that pays monthly. I read that SSDI income is not considered for the means test. Is that correct ?
Yes, it's considered income for purposes of Means Testing. The reason is that the definition of "current" monthly income (CMI) includes all income, regardless of source or taxability. Except from; 1.) income from a provision of the Social Security Act, 2.) certain obscure war-related payments, and, new for 2019, 3.) veteran disability income.Originally posted by anmlhaus View PostHow about his monthly LTD (Long Term Disability) payment from MetLife ? Is that considered on the means test as well?
Ask any questions that you want. We are here.Originally posted by anmlhaus View PostI called our lawyer today but haven't received a call back yet. We were going to do a ch 13 3 years ago and had paid the atty fees and filing fee but never filed because of his declining health and our unstable income. Ugh. Any insights would be appreciated.
Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
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Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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