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Ransom and a rented car
The trustee is taking a shortcut. The trustee must tell the UST if something is wrong with a case. If you amend the b23 before the 341a, you save the trustee having to refer the matter to the UST.
The statement that the trustee has no power is just wrong. 704a4, trustee must investigate debtor, 704a6, trustee must oppose discharge if advisable. 521a3 requires the debtor to cooperate with the trustee. Trustee won't, but trustee could oppose discharge because debtor refused to cooperate by amendeing b23.
dennis
________________________________
To: cdcbaa@yahoogroups.com
Sent: Wednesday, June 20, 2012 12:31 PM
Subject: RE: [cdcbaa] Ransom and a rented car
Thats usually a UST not a Chapter 7 Trustee issue. Why does Chapter 7 Trustee care? Does he fail the means test without the deduction?
Steven B. Lever
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Alik Segal
Sent: Wednesday, June 20, 2012 12:32 PM
To: CDCBAA Listserv; NACBA BK; CAMFFG
Subject: [cdcbaa] Ransom and a rented car
My debtor is achauffeur. On his days off he rents a car. His sum total of daily car rental expenses in a typical month is $200/month. He also incurs $150 for gasoline.
7 Trustee contends that, per Ransom, debtor is not entitled to the ownership deduction on Means Test #23.
I have not been able to find any cases dealing with this issue.
Any suggestions or perspectives would be appreciated.
Alik Segal
Alik.Segal@gmail.com
310-362-6157
California Central District
________________________________
No virus found in this message.
Checked by AVG - http://www.avg.com/
Version: 2012.0.2180 / Virus Database: 2437/5081 - Release Date: 06/20/12
The post was migrated from Yahoo.
To be precise, this is a comment made by a trustee administrator. We have
not had the meeting with the trustee yet. I informed the administrator
that I would be asking for priority. He reviewed the case and identified
this issue as a problem that should be resolved to help the meeting go
faster.
The debtor is passing without the car deduction. However, since we are
pre-341, I don't what to lose this deduction because I don't know what else
is going to be challenged.
On Wed, Jun 20, 2012 at 12:31 PM, Steven B. Lever wrote:
> **
>
>
> Thats usually a UST not a Chapter 7 Trustee issue. Why does Chapter 7
> Trustee care? Does he fail the means test without the deduction?****
>
> ** **
>
> Steven B. Lever ****
>
> ** **
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Alik Segal
> *Sent:* Wednesday, June 20, 2012 12:32 PM
> *To:* CDCBAA Listserv; NACBA BK; CAMFFG
> *Subject:* [cdcbaa] Ransom and a rented car****
>
> ** **
>
> ****
>
> My debtor is a chauffeur. On his days off he rents a car. His sum total
> of daily car rental expenses in a typical month is $200/month. He also
> incurs $150 for gasoline.****
>
> ** **
>
> 7 Trustee contends that, per *Ransom*, debtor is not entitled to the
> ownership deduction on Means Test #23.****
>
> ** **
>
> I have not been able to find any cases dealing with this issue. ****
>
> ** **
>
> Any suggestions or perspectives would be appreciated.
> ****
>
> ** **
>
> --
> Alik Segal
> Alik.Segal@gmail.com
> 310-362-6157
> California Central District****
>
> ****
> ------------------------------
>
> No virus found in this message.
> Checked by AVG - www.avg.com
> Version: 2012.0.2180 / Virus Database: 2437/5081 - Release Date: 06/20/12*
> ***
>
>
>
Alik Segal
Alik.Segal@gmail.com
310-362-6157
California Central District
To be precise, this is a comment made by a trustee administrator. We have not had the meeting with the trustee yet. I informed the administrator that I would be asking for priority. He reviewed the case and identified this issue as a problem that should be resolved to help the meeting go faster.
The debtor is passing without the car deduction. However, since we are pre-341, I don't what to lose this deduction because I don't know what else is going to be challenged.
On Wed, Jun 20, 2012 at 12:31 PM, Steven B. Lever <sblever@leverlaw.com> wrote:
Thatstee care? Does he fail the means test without the deduction?
Steven B. Lever
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Alik Segal
Sent: Wednesday, June 20, 2012 12:32 PMTo: CDCBAA Listserv; NACBA BK; CAMFFGSubject: [cdcbaa] Ransom and a rented car
My debtor is achauffeur. On his days off he rents a car. nth. He also incurs $150 for gasoline.
7 Trustee contends that, per Ransom, debtor is not entitled to the ownership deduction on Means Test #23.
I have not been able to find any cases dealing with this issue. Any suggestions or perspectives would be appreciated.
-- Alik SegalAlik.Segal@gmail.com310-362-6157
California Central District
No virus found in this message.Checked by AVG - www.avg.comVersion: 2012.0.2180 / Virus Database: 2437/5081 - Release Date: 06/20/12
-- Alik SegalAlik.Segal@gmail.com310-362-6157California Central District
The post was migrated from Yahoo.
My debtor is a chauffeur. On his days off he rents a car. His sum total
of daily car rental expenses in a typical month is $200/month. He also
incurs $150 for gasoline.
7 Trustee contends that, per *Ransom*, debtor is not entitled to the
ownership deduction on Means Test #23.
I have not been able to find any cases dealing with this issue.
Any suggestions or perspectives would be appreciated.
Alik Segal
Alik.Segal@gmail.com
310-362-6157
California Central District
My debtor is achauffeur. On his days off he rents a car. His sum total of daily car rental expenses in a typical month is $200/month. He also incurs $150 for gasoline.7 Trustee contends that, per Ransom, debtor is not entitled to the ownership deduction on Means Test #23.
I have not been able to find any cases dealing with this issue. Any suggestions or perspectives would be appreciated.-- Alik SegalAlik.Segal@gmail.com
310-362-6157California Central District
The post was migrated from Yahoo.