I went by this you posted: "Since it’s only been signed for several weeks, there is no information around it." Thats why I posted the link.
I'm in a Ch13 and would love to however I have mortgage arrears. If I had the $ to pay the arrears off I would and then file a chap 7 however trying to protect my property. My ch13 payments are 2872 per month and cover mortgage, mortgage arrears, irs, auto and of course trustee. Unsecure creditors getting only what they would get in ch7. While it's high (had several emergencies so had to do modifications) I have 33 more months on a 5 yr plan. Wish the Haven Act had been around before I filed. I'm watching and will be very interested to see how it or if it helps veterans.
missy42: It might be worth contacting your attorney to see if anything can be done/adjusted now that the HAVEN act is in place. IANAL so I don't know if they would do anything or not, but I would definitely ask the question. Perhaps they would not count the VA disability payments as income and reduce your payments or possibly go ahead and convert it to a CHapter 7??? Who knows? I'm not sure how/if that would work with mortgage arears though. Good luck if you do!
I recently filed Chapter 7 and I barely qualified for it due to my military retirment pay and my VA disability pay. I nearly filed a Chapter 13 earlier in the year but a job loss (since February) barely put me under the wire (come August when I filed) as far as income goes for being able to do a 7. I filed on Aug 2nd...looks like the HAVEN act went into effect on Aug 23rd.
It became a law on Aug 23, 2019:
I went for my initial consultation on Aug 19th and my attorney was telling me about this. My only income is SSDI and VA Compensation and since SSDI was already, not counted, I passed the MEANS test for Ch7 anyway.
I do know that my filing included my VA Compensation when it was filed a few days ago. Maybe my attorney's group overlooked this, but hopefully if it comes up, I will still be protected by this new law.