Legal Question in Bankruptcy in New York

bankruptcy

My husband and I are in the middle of a chapter 13 bankruptcy. He receives a 100% pension from the veterans and 100% social security.

I work also. When they used the income test they used his veterans benefits as income and based our repayment to the bankrupty trustee

with his va compensation. I see in some states that va compensation is excluded from income in bankruptcy cases. Is this true in NY?

When we asked that question when we filed, the trustee seemed to think ''well why not, it is income''

Thanks for your help


Asked on 4/16/08, 6:29 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: bankruptcy

What is included or excluded as income in a bankruptcy filing made in the federal courts located in NY State is defined in the statutes of New York. You can find them at http://public.leginfo.state.ny.us/ . Click on "Laws of New York" at the bottom of the page. You may need to search within the site for bankruptcy exclusions; you can do that on the page you get to when you click on "Laws of New York." You'll probably find it in the debtor/creditor section, but it may be in the general business law or in another section.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 4/17/08, 12:34 am


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