Disabled veterans have made immense sacrifices for their country, and it’s only fitting that they receive the support and protection they deserve. For years, disabled veterans in the United States were facing an unfortunate reality in bankruptcy proceedings, where their military disability pay was being treated as income and affecting their ability to get a fresh start or reorganize their debts. This was a significant roadblock for disabled veterans who were trying to get back on their feet after facing financial difficulties. This is where a group of bankruptcy attorneys, including myself, took up the cause and made it our mission to seek protections for disabled veterans in bankruptcy.
In February 2019, we met with Senators and Congressmen in Washington DC to voice our concerns and to seek their support. Our main objective was to have the military disability pay excluded from the calculation of Current Monthly Income, also known as the Means Test. The Means Test is a standard used by the court to determine repayment to creditors in a bankruptcy case. Disabled veterans who received military disability pay were facing a significant disadvantage as this pay was being included in the Means Test, making it more challenging for them to get a fresh start or reorganize their debts.
We were successful in our efforts, and later in 2019, Congress passed the HAVEN Act. The HAVEN Act excluded military disability pay from the calculation of Current Monthly Income, providing much-needed relief for disabled veterans. This meant that disabled veterans would no longer face difficulties in getting a fresh start or reorganizing their debts in bankruptcy proceedings.
Since the enactment of the HAVEN Act, I have seen numerous cases in which this has been a huge benefit to disabled veterans. Disabled veterans who were once facing significant difficulties in bankruptcy proceedings are now able to get the fresh start they deserve. The HAVEN Act has provided disabled veterans with the necessary protection and support, allowing them to focus on getting back on their feet and moving forward with their lives.
In conclusion, the HAVEN Act has been a significant step in the right direction for disabled veterans. It has provided them with the protection and support they deserve and has made it easier for them to get a fresh start in the event of financial difficulties. It is a testament to the power of advocacy and the impact that can be made when individuals come together to seek change. I am proud to have been a part of the effort that resulted in the HAVEN Act and am grateful to have seen its positive impact on disabled veterans. It is my hope that this act will continue to serve as a standard for protecting disabled veterans in bankruptcy proceedings and provide them with the support they need to move forward with their lives.
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