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

Metycle Secures $150MM Credit Facility from Rivonia Road Capital

September 24, 2026
Deal Announcements

Flotek Secures $120MM Senior Secured Term Loan

September 24, 2026
Advanced Power Closes $100M Corporate Credit Facility
Deal Announcements

SG Credit Partners Provides Senior Debt Credit Facility to Family-Owned Food Distributor

September 24, 2026
Advanced Power Closes $100M Corporate Credit Facility
Deal Announcements

MyComplianceOffice Secures Strategic Growth Financing from Accel-KKR Credit Partners

September 24, 2026
News

Frugal Fannie’s Westwood Store Retains SB360 Capital Partners to Run Going-Out-of-Business Sale

September 24, 2026
Deal Announcements

TPG Twin Brook Supports Leeds Equity Partners

September 24, 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 *

Where the Risk Sits: A Verified Look at Subordinate Debt, Recovery Rates and Intercreditor Dynamics in the Middle Market

Where the Risk Sits: A Verified Look at Subordinate Debt, Recovery Rates and Intercreditor Dynamics in the Middle Market

September 4, 2026

Capital, Consolidation & Conspicuous Consumption: The Gilded Age Captains of Industry

August 27, 2026

From Balance Sheet to Specialty Lender: Capital-Light Corporate Models and the Verified Scale of Asset-Based Finance

September 20, 2026

Building Trust Before It Counts: TMA’s Latest Leading Edge Episode

September 4, 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