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Chapter 13 HAVEN Act

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PeterNoto

New member
What is the name of your state? VA

I am in the midst of a Chapter 13 repayment plan. Last month the HAVEN Act was signed into law thus exempting all veterans compensation from disabilities from CMI, disposable income calculations. My chapter 13 plan was originally drafted with my veterans disability compensation included but now it is exempt. I can't get an answer from my attorney. Should he file a new repayment plan exempting my VA disability compensation?
 


LdiJ

Senior Member
What is the name of your state? VA

I am in the midst of a Chapter 13 repayment plan. Last month the HAVEN Act was signed into law thus exempting all veterans compensation from disabilities from CMI, disposable income calculations. My chapter 13 plan was originally drafted with my veterans disability compensation included but now it is exempt. I can't get an answer from my attorney. Should he file a new repayment plan exempting my VA disability compensation?
You are going to need to give him some time to research the new law. Was he familiar at all with the HAVEN Act when you mentioned it to him? He is also going to need to find out if it applies retroactively.
 

Taxing Matters

Overtaxed Member
You are going to need to give him some time to research the new law. Was he familiar at all with the HAVEN Act when you mentioned it to him? He is also going to need to find out if it applies retroactively.
Not a lot to research. The law is very short. The Haven Act is Public Law 116-52. However, the bill does not give any effective date, so the attorney may have to move to use the updated calculation and the judge will sort it out if the trustee argues it does not apply in this case.
 

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