Chapter 13 (and all) bankruptcy is Federal Filing. And, no, usually Vets benefits are protected under bankruptcy. See an attorney familiar with these matters.
yes
Congress speciifically excluded Social Security disability benefits from the median income test calculations. This means that your Social Security benefits do not count when calculating your household income for median income/means test purposes. Further, there is a good chance that your on-going Social Security benefits will be considered as an exempt assets, although you should discuss with your lawyer about whether any lump sum owed you for past due benefits is exempt. On the other hand, on-going Social Security benefits are counted when you create your bankruptcy budget (Schedules I and J), so your SSDI benefits may change your disposable income picture. If you are in a Chapter 13 and receive your Social Security disability award, you and your lawyer may need to modify your plan. Your Social Security lawyer may also need to seek Bankruptcy Court approval for his fees. In any case, filing bankruptcy does not cancel or impact your right to receive Social Security benefits. So while your benefit MAY be subject to garnishment...not for anything from your BK...the BK makes no difference now...those debts were discharged.
"Bankruptcy" does not take anything. The Chapter 13 Trustee is the one who "takes" anything there is to be taken. And, no, your settlement - if you mean a retroactive check for disability (SSDI) - is not available to the trustee. If you are talking about a settlement of a lawsuit, probably not, unless the cause of action existed at the time you filed the c. 13 and did not exempt any possible award. Talk to your bankruptcy lawyer.
You could file bankruptcy, but do you have any assets that a creditor could come after? Your disability payments are exempt from garnishment. The filing fee for a chapter 7 bankruptcy is $209 and the attorney's fees will be $500 at a bare minimum. Bankruptcy is very difficult to do all by yourself.
Yes.
Yes you can protect it under chapter 7 bankruptcy
The amount of time a bankruptcy stays on your credit report after discharge differs between Chapter 7 and Chapter 13 Bankruptcy. With Chapter 7 bankruptcy, the Chapter 7 stays on your credit report for 10 years. Chapter 13 bankruptcy, after discharge, it shows for 7 years on your credit report.
Chapter 8 bankruptcy does not exist in the United States bankruptcy code. It seems there may have been a misunderstanding or confusion with the chapter numbers. The most common types of bankruptcy in the U.S. are Chapter 7, Chapter 11, and Chapter 13. Each chapter has specific eligibility requirements, processes, and potential outcomes. It is recommended to consult with a bankruptcy attorney for accurate information on the different types of bankruptcy available.
What qualify u for bankruptcy
A lawyer is actually one of the best resources for information about bankruptcy. There are even bankruptcy lawyers who specialize in Chapter 7 and Chapter 13 bankruptcy law.
You can file for Chapter 7 bankruptcy once every 8 years.