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Military Bankruptcy Involving
VA Benefit Can Fast
Track Your Chapter 7
Bankruptcy if you meet two requirements.
BANKRUPTCY ATTORNEY -
DAVID A. CASEY
365 Broadway – Suite 203, El Cajon, CA 92021
(619) 447-6780
Military
Bankruptcy - Disable Vets That Mets Two Requirements Are Not Subject to
the Means Test.
There are over 1.4 million men and women serving in the active duty of the
United States Military, plus there are over 2 million in the Military
Reserves and National Guard.
There are several laws which protect military members facing bankruptcy.
Most prominently is the Servicemembers Civil Relief Act (SCRA), which
protects active duty Military members and reservists called to active duty
from default judgments, eviction, and any proceeding to collect a
judgment.
Disabled vets can get ‘fast track’ to Chapter 7
A disabled veteran filing for
bankruptcy whose debts were incurred primarily during active military duty
or homeland defense service is exempt from the means test.
But you must have been in an active duty member of the Army, Navy, Marine
Corps or Air Force or a reservist in any branch. This puts you on a fast
track for a chapter 7 but there is no guarantee it will not be without
your need prove that you qualify. Sometimes, the trustee will file an
adversary proceeding challenging your disability or that the majority of
debts did not incur during active military service. This is a hearing
before the judge if a proceeding is filed.
There are several requirements that must be met to the “military
exclusion” from the means test. This has two parts:
1. That you have a disability rating of 30% or greater as rated by the
Department of Veterans Affairs. (Trustee probably will require documents
to show proof of this.)
2. The debtor must be rated by the Department of Veterans Affairs as 30
percent or more disabled, and the debt must have occurred while on active
duty.
Area of concerns would be if you purchased your primary residence prior to
active duty or majority of the debts incurred prior to active duty. If
this the case you might not qualify under this military exception. This is
a new section of law since October 2005 and there is not a lot of case law
on this. Most of the time U.S. Trustee’s Office would not put a serious
fight this debtor’s discharge. However, if the trustee feels your income
as determined by the means test is higher than the allowed amount they
could challenge it. It does not necessary that the Trustee would win but
they could.
Considering Bankruptcy?
Call Attorney David A
Casey For Your Free Initial Consultation & Debtor Relief.
My office will fight to
make sure you get benefits your are entitled too or even might be entitled
too.
(619) 447-6780
We are a debt relief agency. We help people file for relief under the
Bankruptcy Code.
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No matter if your
bankruptcy needs are simple or very
complex, my office is here to assist you. The positive benefits of bankruptcy
law can help. Bankruptcy is like taking some
medication for an infection. If you don't take it things will get worse.
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find one that you are comfortable with. Don't just retain an
attorney on fees. Check what you are getting. Don't be another
number. This web site is intended for general
information only and does make any inference that this constitutes a retainer
for my services or that I represent you.
El Cajon 92019 92020 92021
92022
This communication is an “Advertisement” as defined by the
California Rules of Professional Conduct and California Business and
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attorney-client relationship unless a separate retainer agreement is
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advice to you.
The Bankruptcy and Family Law Office of David A Casey represents individuals
debtors and businesses seeking
Bankruptcy relief.
Bankruptcy Services for El Cajon, Lakeside, La Mesa, Lemon Grove,
Santee and San Diego California, with Chapter 7 and Chapter 13
Bankruptcy relief for debtor.
We are a debt relief agency. We help people file for relief under the
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Considering Bankruptcy? Speak to an Attorney, El Cajon, Lakeside, La Mesa,
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