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Ch 13 and Haven Act

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LadyLav

New member
What is the name of your state? Georgia
I just had my 341 Hearing this past week. My case was filed a couple of weeks before the Haven Act was passed. My attorney says that the Haven act only exempts my VA disability from being counted on the means test; it doesn't have anything to do with the amount I will have to pay into a Ch 13. I don't qualify a Ch 7 due to my income - even without the VA disability - I also have property I want to protect, so I would have filed a Ch 13 anyway. However, I was hoping the Haven Act would help with the Ch 13 monthly payment being lower, but it doesn't appear that it will. The Haven Act is new so I don't know if my attorney is right or not.

I am receiving 50% VA disability and I just recently learned that I will get a huge refund for the money I paid toward my VA home loan "funding fee" when I bought my home a couple of years ago. I'm hoping the trustee can't take it, due to the Haven Act. I am also planning on appealing a disability that the VA denied. I think I will win the appeal, but I'm concerned that I will have to turn over any lump sum payment (for back pay) to the trustee or if it would be exempt under the Haven Act.

Anyone, please chime in if you have any answers or thoughts.
 


FlyingRon

Senior Member
The HAVEN act removes your disability payments from the "current monthly income" amount used to calculate the eligibility as well as how much you are expected to pay each month towards the debts (it figures into the "disposable income" calculation). It doesn't change the actual obligation toward the debt.

The refund of the previously paid funding fee DOESN'T meet the requirements of the HAVEN act exclusion. Sorry.
 

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