.jpg)
Conversion from Chapter 13 to 7....
Do not file an "amended" b22 as this would indicate the original form needed changing. File "post petition changes" on schedules and b22, if needed to show changed circumstances.
Remember under chapter 7 there may be a presumption of abuse that can be proven by financial hardship and negative disposable income.
Sent from my iPad
On May 10, 2012, at 5:03 PM, "Link W. Schrader" wrote:
> Wait until his income has declined so that he would pass the Ch 7 means test. A chapter 13 hardship discharge takes more paperwork than conversion to a chapter 7, but a new 341 is not required. There is some additional paperwork upon conversion to chapter 7 and a new 341 is required.
>
> The caselaw is not consistent on the requirement to file a new B22 upon conversion to chapter 7, but I've always filed one. Also, both chapter 13 hardship discharges I handled last year I presented evidence that the debtor's were below the presumption of abuse levels to file a 7.
>
> Finally, there are very few hardship discharge motions that get filed and granted. My guess is because it is easier and faster to convert to chapter 7. The downside of a 7 is the new 341 and the longer period to wait to file a new case.
>
> Link W. Schrader, Attorney
> lschrader@schrader-law.com
> Mail: PO Box 3723, Tustin, CA 92781
> Office: 106 W 4th St, #308, Santa Ana, CA 92701
>
> Orange County: (714) 542-5922
> Los Angeles: (310) 413-6924 *
> San Diego: (619) 952-8342
> Facsimile: (310) 878-4158
> * Texts received at LA number only
>
> To: cdcbaa@yahoogroups.com
> Sent: Thu May 10 18:51:46 2012
> Subject: Re: [cdcbaa] Conversion from Chapter 13 to 7....
>
>
> Why not try for a hardship discharge in the 13?
>
>
> On Thu, May 10, 2012 at 3:30 PM, R Grace Rodriguez wrote:
>
> Dear Members:
>
>
> My client has a confirmed Chapter 13 where he is paying off a car and about 50% on his unsecured claims. He may be losing his job and be forced to move with his family to another state. He won't be making the same amount of money as he will be unemployed. Can he Convert to a chapter 7 right away and get a discharge? When he converts will he have to have a new 341a hearing? If he has new 341a hearing and he just lost his job are they still going to look at his income six months back from date of conversion and he will continue to NOT qualify for a 7 because he made too much? any answers?
>
> --
> R. Grace Rodriguez, Esq.
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
>
> CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
>
>
>
> --
> Kirk Brennan, esq.
> California Law Office, P.C.
> www.calibankruptcysite.com
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
>
>
Do not file an "amended" b22 as this would indicate the original form needed changing. File "post petition changes" on schedules and b22, if needed to show changed circumstances. Remember under chapter 7 there may be a presumption of abuse that can be proven by financial hardship and negative disposable income.Sent from my iPadOn May 10, 2012, at 5:03 PM, "Link W. Schrader" <lschrader@schrader-law.com> wrote:
Wait until his income has declined so that he would pass the Ch 7 means test. A chapter 13 hardship discharge takes more paperwork than conversion to a chapter 7, but a new 341 is not required. There is some additional paperwork upon conversion to chapter 7 and a new 341 is required.The caselaw is not consistent on the requirement to file a new B22 upon conversion to chapter 7, but I've always filed one. Also, both chapter 13 hardship discharges I handled last year I presented evidence that the debtor's were below the presumption of abuse levels to file a 7.Finally, there are very few hardship discharge motions that get filed and granted. My guess is because it is easier and faster to convert to chapter 7. The downside of a 7 is the new 341 and the longer period to wait to file a new case.
Link W. Schrader, Attorney
lschrader@schrader-law.com
Mail: PO Box 3723, Tustin, CA 92781
Office: 106 W 4th St, #308, Santa Ana, CA 92701
Orange County: (714) 542-5922
Los Angeles: (310) 413-6924 *
San Diego: (619) 952-8342
Facsimile: (310) 878-4158
* Texts received at LA number only
From: cdcbaa@yahoogroups.com <cdcbaa@yahoogroups.com>
To: cdcbaa@yahoogroups.com <cdcbaa@yahoogroups.com>
Sent: Thu May 10 18:51:46 2012Subject: Re: [cdcbaa] Conversion from Chapter 13 to 7....
Why not try for a hardship discharge in the 13?On Thu, May 10, 2012 at 3:30 PM, R Grace Rodriguez <rgracelaw@gmail.com> wrote:
Dear Members:My client has a confirmed Chapter 13 where he is paying off a car and about 50% on his unsecured claims. He may be losing his job and be forced to move with his family to another state. He won't be making the same amount of money as he will be unemployed. Can he Convert to a chapter 7 right away and get a discharge? When he converts will he have to have a new 341a hearing? If he has new 341a hearing and he just lost his job are they still going to look at his income six months back from date of conversion and he will continue to NOT qualify for a 7 because he made too much? any answers?
-- R. Grace Rodriguez, Esq.OFF: (818) 734-7223CEL: (818) 554-9922
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
-- Kirk Brennan, esq.California Law Office, P.C.www.calibankruptcysite.comCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
The post was migrated from Yahoo.
Why not try for a hardship discharge in the 13?
On Thu, May 10, 2012 at 3:30 PM, R Grace Rodriguez wrote:
> **
>
>
> Dear Members:
>
> My client has a confirmed Chapter 13 where he is paying off a car and
> about 50% on his unsecured claims. He may be losing his job and be forced
> to move with his family to another state. He won't be making the same
> amount of money as he will be unemployed. Can he Convert to a chapter 7
> right away and get a discharge? When he converts will he have to have a
> new 341a hearing? If he has new 341a hearing and he just lost his job are
> they still going to look at his income six months back from date of
> conversion and he will continue to NOT qualify for a 7 because he made too
> much? any answers?
>
> --
> R. Grace Rodriguez, Esq.
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
> for ex parte Applications via voicemail or by email. You must comply with
> California Law and give notice to a person in my office during regular
> business hours.
>
> CONFIDENTIALITY STATEMENT: This message contains privileged and
> confidential information and is intended only for the individual named. If
> you are not the intended recipient you should not disseminate, distribute,
> store, print, copy or deliver this message. Please notify the sender
> immediately by e-mail if you have received this e-mail by mistake and
> delete this e-mail from your system.
>
>
>
Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
Why not try for a hardship discharge in the 13?On Thu, May 10, 2012 at 3:30 PM, R Grace Rodriguez <rgracelaw@gmail.com> wrote:
Dear Members:My client has a confirmed Chapter 13 where he is paying off a car and about 50% on his unsecured claims. He may be losing his job and be forced to move with his family to another state. He won't be making the same amount of money as he will be unemployed. Can he Convert to a chapter 7 right away and get a discharge? When he converts will he have to have a new 341a hearing? If he has new 341a hearing and he just lost his job are they still going to look at his income six months back from date of conversion and he will continue to NOT qualify for a 7 because he made too much? any answers?
-- R. Grace Rodriguez, Esq.OFF: (818) 734-7223CEL: (818) 554-9922
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
-- Kirk Brennan, esq.California Law Office, P.C.www.calibankruptcysite.comCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
The post was migrated from Yahoo.
Dear Members:
My client has a confirmed Chapter 13 where he is paying off a car and about
50% on his unsecured claims. He may be losing his job and be forced to
move with his family to another state. He won't be making the same amount
of money as he will be unemployed. Can he Convert to a chapter 7 right
away and get a discharge? When he converts will he have to have a new 341a
hearing? If he has new 341a hearing and he just lost his job are they
still going to look at his income six months back from date of conversion
and he will continue to NOT qualify for a 7 because he made too much? any
answers?
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
for ex parte Applications via voicemail or by email. You must comply with
California Law and give notice to a person in my office during regular
business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and
confidential information and is intended only for the individual named. If
you are not the intended recipient you should not disseminate, distribute,
store, print, copy or deliver this message. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and
delete this e-mail from your system.
Dear Members:My client has a confirmed Chapter 13 where he is paying off a car and about 50% on his unsecured claims. He may be losing his job and be forced to move with his family to another state. He won't be making the same amount of money as he will be unemployed. converts will he have to have a new 341a hearing? If he has new 341a hearing and he just lost his job are they still going to look at his income six months back from date of conversion and he will continue to NOT qualify for a 7 because he made too much? any answers?
-- R. Grace Rodriguez, Esq.OFF: (818) 734-7223CEL: (818) 554-9922NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
The post was migrated from Yahoo.