For means testing purposes (entirely a Federal law):

1. Your income for tax year 2021 is not relevant in determining if you are above or below median.

2. The calculation (above or below median) is based upon the average of the monthly amount for the six months prior to filing...

This is not a big deal or unusual as such reporting is a requirement of the Internal Revenue Code. Take it to your tax preparer. He/she will deal with it by utilizing IRS form 982.

https://www.irs.gov/pub/irs-pdf/f982.pdf

Des.

My first response covers it. The Federal Statute cited above, like that for Social Security, should preempt state law. Please discuss with your attorney.

Des....

Just in case OP is asking about means testing and the Haven Act, here is a summary of what is covered:

https://www.deb.uscourts.gov/sites/d...aven%20ACT.pdf

I found what appears to be a typo but, otherwise, it looks pretty complete.

And another...

Maybe I misread OP's post. I thought he wanted to know if a trustee could get at the money. If he was asking if the retirement pay is part of means testing, I think it is. I think the Haven Act only keeps VA disability benefits out of the means testing process. I would have to review the Act which...

Your military pension should be exempt from garnishment by a private company if such garnishment is not related to child or spousal support. This protection extends to your bank account. Like SS, the account will need to be a segregated account where nothing but Federal retirement payments (or other...

1. What you spent it on is absolutely your "prerogative". However, your financial dealings are an open book when you filed bk. If you spent the money on "sex, drugs and rock and roll" and doing so was deemed a flagrant waste of a valuable asset that could have paid your creditors,...

cookiemom

Please listen to the following regarding your argument that the SOL began to run upon entry of your discharge. The final (under advisement) decision has not been rendered yet.

https://www.youtube.com/watch?v=8zWs...ofAppealsDiv.1...

Yup - gotta love computer programs - smarter than us attorneys.

Des....

Very glad your attorney caught this. Did you already file? I would imagine that a slew of cases are being filed this week. I have to wonder how many attorneys have not and/or will not catch this issue. I do note that Best Case bankruptcy program does have a pop-up warning relating to the amount of...

So, you haven't owned the home for the requisite time and are limited by bankruptcy law as to the amount you can claim for a homestead. Without looking at case law, the Bankruptcy Code does have an exception to the rule if the equity was, in essence, transferred from a prior home located in your state....

1. In the 9th Circuit, valuation is determined at the time of Confirmation.

2. In the context of a Chapter 11 or 13 a senior lienholder that is secured only by the principal residence is not subject to any cram-down regardless of the value of the property vs. the amount of the debt....

No. . . In no way will a Chapter 13 today (or any day) work if there is even 1 penny of equity over the amount owed to the senior lienholder. The anti modification provisions of 11 USC 1322(b)(2) forbids modifying a mortgage that is solely secured by a debtor's principal residence. And. . . attempting...

cookiemom

No one here is judging you and we all support your efforts if those efforts have a legal basis. The problem is a Chapter 7 was never, ever, the type of bankruptcy that would impact a residential mortgage. That is not what Chapter 7 is for. If, at the time you filed bankruptcy,...

You can try but you will not succeed.

I am sure that you know that in 2015, the USSC held that debtors in Chapter 7 bankruptcies cannot void or “strip off” wholly unsecured junior mortgages. (See Bank of America, N.A. v. Caulkett, 575 U.S. 790 (2015).) Unless a debtor was in the 11th Circuit,...

Your attorney is asking very specific questions due to the holdings in a few appellate level cases. For one such case, Google:

In re Homaidan

This is a 2021 decision out of the 2nd Circuit Court of Appeals. I believe you are in the 3rd Circuit. I do not know if there is...

If your attorney told you leaving the Country and waiting works, I recommend finding a new one. As far as I know, every State has a statute that tolls the running of the SOL if one leaves the jurisdiction. California is no different. See Section 351 of the California Code of Civil Procedure. If the...

You can propose anything you want but such must have a basis in law to be of any merit. What you suggest has no basis in law.

Again, you misunderstand what a discharge is. You still owe the money. The payment is still due each month. The lender is enjoined from asking for payment, nothing...

cookiemom

Similar to your threads here, including this one, I found this on the other forum:



Like so many in your situation, IMHO, you are proceeding under the misguided belief that the lender (or current holder of the note) has done something wrong, is violating...

100% of what is owed under the contract.

There is no bifurcation under Chapter 7. The bankruptcy software is why the amounts are split - not law.

Des....