Secured Research | Equipment Finance Originator | Monitor | Monitor Suite | Converge | STRIPES Leadership
No Result
View All Result
ABF Journal
Forward for Specialty Finance
SUBSCRIBE
Lender & Services Directory
  • News
    • People
    • Economy
    • All News
  • Deals
  • Magazine
    • Magazine Issues
    • Nominations
  • Features
    • ABF Journal Pulse
    • Resolving MCA Distress
  • Recruiting
  • Events
  • Advertise
  • Contact Us
  • News
    • People
    • Economy
    • All News
  • Deals
  • Magazine
    • Magazine Issues
    • Nominations
  • Features
    • ABF Journal Pulse
    • Resolving MCA Distress
  • Recruiting
  • Events
  • Advertise
  • Contact Us
No Result
View All Result
ABF Journal
No Result
View All Result
Home News

ABI: Means Testing for Veterans’ Benefits Causes Trouble in Bankruptcy

byAmanda Koprowski
January 25, 2019
in News

In a recent interview for the American Bankruptcy Instiute’s latest podcast with ABI Executive Director Sam Gerdano, Jay Bender of Bradley Arant Boult Cummings, Kristina M. Stanger of Nyemaster Goode and John H. Thompson of McGuireWoods discussed the unfortunate disparity in the Bankruptcy Code’s treatment for disabled veterans who seek Chapter 7 relief.

Bender, Stanger and Thompson are members of the legislative committee of ABI’s Veterans’ Task Force, and both Stanger and Thompson are veterans of the U.S. Army. Stanger continues to serve in the Iowa National Guard.

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) included VA disability payments as income under the means test for Chapter 7 relief eligibility, even though it excluded disability benefits received by individuals under the Social Security Act. Including veterans’ benefits to increase current monthly income calculation decreases the availability of Chapter 7 relief to disabled veterans as the Chapter 7 filing will be presumed abusive.

Bender pointed out that prior to BAPCPA, exclusions were made at a judge’s discretion, but with the current legislation in place, courts have no choice but to uphold the inclusion of disabled veterans’ benefits because of the specific inclusions and exclusions within the language of BAPCPA.

“BAPCPA tied their hands,” Bender said.

“We can’t imagine that there was an intent on the part of Congress,” Thompson said in regard to the inclusion of VA disability benefits in the income calculation for the means test.

The speakers said that there is a legislative remedy to fix the disparity in the Code. The “Honoring American Veterans in Extreme Need Act” (HAVEN Act) will be introduced soon to correct the Code by excluding VA disability payments from the monthly income calculation of the means test.

Stanger, Bender and Thompson all said that the fix is receiving bipartisan support in both the House and Senate and that veteran’s organizations are advocating for it. Even with the momentum, they are asking for bankruptcy practitioners to get involved in highlighting the need for the legislation and to share their anecdotes of clients affected by the current disparity in the Code.

“This is really a veteran’s issue and a veteran’s bill, and we as bankruptcy practitioners have an opportunity to impact a straightforward fix,” Stanger said.

Bender and Thompson previously wrote “Defending Our Veterans: Excluding Veterans’ Benefits from Monthly Income.” in the November 2018 ABI Journal.

Previous Post

Breakout Capital Appoints Gurvitch, Lafeer to Board

Next Post

Gateway Trade Completes $5.9MM in P/O Financing

Related Posts

Advanced Power Closes $100M Corporate Credit Facility
Deal Announcements

Mountain Ridge Capital Provides $15MM Credit Facility to Support Acquisition

August 26, 2026
Advanced Power Closes $100M Corporate Credit Facility
Deal Announcements

TPG Twin Brook Serves as Administrative Agent on Six Transactions

August 26, 2026
News

Lucky Hand Capital Launches Dedicated Solution for U.S. Marketing Agencies

August 26, 2026
Deal Announcements

Catalent Completes Successful Debt Refinancing

August 26, 2026
Deal Announcements

Monroe Capital Supports Hidden Harbor Capital Partners’ Acquisition

August 26, 2026
News

Prosperity Names Lenhart President

August 26, 2026
Next Post

Gateway Trade Completes $5.9MM in P/O Financing

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

ABL vs. Cash Flow Lending: The Convergence of Structures in Middle Market Deals

Slowing Growth, Rising Stress: What the Middle Market’s Diverging Credit Signals Mean for Lenders and Sponsors

August 21, 2026

The Lender Marketplace: How Non-Bank Lending Is Reshaping the Capital Stack

July 31, 2026

The 200,000-Company Landscape: Where Institutional Capital Still Falls Short in the U.S. Middle Market

August 6, 2026

TMA Leading Edge Series with Michael Petrecca – Merchant Cash Advances: An Engine of Distress

July 31, 2026

About Us

For over 50 years, RAM Holdings’ brands have led the commercial finance industry in publishing, talent development, research and events. ABF Journal’s audience is comprised of as many as 18,000 specialty finance industry executives, private equity investors, investment bankers, advisors, service providers and more.

Our Brands

  • Secured Research
  • Equipment Finance Originator
  • Monitor
  • Monitor Suite
  • Converge
  • STRIPES Leadership

 

Learn More

  • Advertise
  • Magazine
  • Contact Us

Newsletter

Driving specialty finance forward for decades with insights, recognition and deals. Sign up now.

SUBSCRIBE >>

© 2025 RAM Group Holdings - A Leading Commercial Finance Publishing Group For Over 50 Years

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
No Result
View All Result
  • News
    • People
    • Economy
    • All News
  • Deals
  • Features
    • ABF Journal Pulse
    • Resolving MCA Distress
  • Magazine
    • Magazine Issues
    • Nominations
  • Events
  • Advertise
  • Contact Us
Provider Directory >>

© 2025 RAM Group Holdings - A Leading Commercial Finance Publishing Group For Over 50 Years