"Haven Act" Discussion

Upsolve Community Member
It depends on whether it's one of the covered types under the https://upsolve.org/learn/haven-act/. 

Upsolve Community Member
You might also find this article helpful, Anthony! https://upsolve.org/learn/bankruptcy-and-disability/

Upsolve Community Member
Generally speaking, under the HAVEN Act, Veterans or their family members who file Chapter 7 bankruptcy may exclude disability and death benefits paid by the Veterans Administration under Title 38 from their means test analysis.

Upsolve Community Member
Diane, I'm sorry to hear of your loss. https://upsolve.org/learn/haven-act/ describes benefits for veterans that are excluded from the bankruptcy https://upsolve.org/learn/chapter-7-means-test-calculator/ by the Haven Act. Generally speaking, income that is excluded from the means test by the Haven Act would still be listed on Schedule I and the Statement of Financial Affairs forms.

Upsolve Community Member
Yes Anthony, If you're a veteran, you may have options for obtaining veteran debt relief that are not available to other individuals. https://upsolve.org/learn/how-to-get-veteran-debt-relief/

Upsolve Community Member
The Haven Act is one law that provides special benefits in a bankruptcy proceeding- it's something you may want to consider as you look into your options. 

Upsolve Community Member
You can learn more about The Haven Act here: https://upsolve.org/learn/haven-act/

Upsolve Community Member
Yes! The Haven Act offers some special rules that apply to veterans- you can learn more here: https://upsolve.org/learn/haven-act/

Upsolve Community Member
There's also other debt relief options for veterans that might be worth checking out- hope this helps! https://upsolve.org/learn/how-to-get-veteran-debt-relief/

Upsolve Community Member
Thanks for asking :) 

Upsolve Community Member
Mathew - thank you for your question! The best thing about the automatic stay is that it's automatic. No separate action or court order is required (assuming this is your first time filing). https://upsolve.org/learn/the-automatic-stay/ in Upsolve's Learning Center has more! 

Upsolve Community Member
Thanks Andrea.  As a practical matter I guess that answers my question, though I'm still curious what the actual mechanism is.  I have CC companies that have started calling me--at least one called me yesterday and today, post-filing--and also an automatic loan deduction scheduled for the 25th.  How do these businesses actually come to learn about the filing, unless the Court proactively notifies them?  Is there some third-party system that informs them?  Do they just have a sixth sense that informs them? :-)

Upsolve Community Member
Ah, that's a great question! (and thanks for following up!) 

Upsolve Community Member
This article explains how creditors are notified of a bankruptcy filing: https://upsolve.org/learn/official-form-309a-no-proof-of-claim/

Upsolve Community Member
Generally speaking, once bankruptcy paperwork is filed, this form is sent out by the court to the creditors listed on the bankruptcy forms. 

Upsolve Community Member
You might also consider the information here: https://upsolve.org/learn/believe-creditor-listed-on-my-petition-has-violated-automatic-stay-what-can-i-do/

Upsolve Community Member
Thanks Claire.  That was basically my assumption from the start.  Though I was also hoping it might just be by magic :-)   And thanks for all the articles.  You guys provide an awesome service.