If my failure, I army
Former soldier has a past PX bill now in collection. It’s general unsecured debt. Apart from the right to offset tax refunds, who cares if it’s government debt (it is, by the way – so yes, they can offset tax refunds). Govt debt does no make it priority or non-dischargeable. I have not had it affect their rank to date. I’ve never dealt with this in a bankruptcy setting, but I can tell you, I had a child support case once, where my client had BAH, etc, and there was case law (in Illinois just fyi) that said it was income. It seems unfair considering it goes to pay housing, though at the same time, this particular client was in a chapter 13 bankruptcy (filed through another attorney), and I’m not totally sure if they considered it income for the bankruptcy. I regularly add on to the means test the difference between the IRS allowance and the actual rent payment. The local US Trustees have never said a thing about it. Venue can be based on domicile. Last state lived in may or may not be domicile, it is mainly a question of intent. That said, I believe that it is a good rule of thumb. But supposed service member is from Nebraska, joins the navy, is stationed in Florida, decides that’s paradise, buys a vacant lot that isn’t swamp land with intention of living there. And also does things
such as change drivers license and voter registration to Florida. Military personnel are considered domiciled in their most recent state before joining the military. Check the Soldiers’ and Sailors’ Civil Relief Act.
View full post on Dallas Bankruptcy Lawyer
