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SSDI CH 7 means test

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    SSDI CH 7 means test

    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.

    #2
    Welcome to BKForum.

    Originally posted by anmlhaus View Post
    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.
    So sorry to read this. Our own bodies are failing us.

    Originally posted by anmlhaus View Post
    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 ?
    SSDI comes from the Social Security Act so it does not count on the means test.

    Originally posted by anmlhaus View Post
    How about his monthly LTD (Long Term Disability) payment from MetLife ? Is that considered on the means test as well?
    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 Post
    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.
    Ask any questions that you want. We are here.
    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

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      Thank you so much justbroke. I appreciate your swift response .

      Comment

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