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Means Test for Chapter 13 is Crazy High
Try In re Lanning, 130 S. Ct. 2464; 177 L. Ed. 2d 23 (2010)
On 9/25/2018 3:08 PM, 'Steven B. Lever' sblever@leverlaw.com
[cdcbaa] wrote:
>
>
> Chapter 13 Question:
>
> PC has a form 122C requirement to pay about $3K to gen.
> unsecureds, but his I/J budget maybe allows for a $1,500 payment
> total.
>
> Nothing crazy about his income or expenses. A guy earning
> $107,000 a year with no assets.
>
> This is for filing in LA in front of Curry or Dockery.
>
> Payment to gen. unsecureds around 30%, more than half of which
> goes to student loans. Or we may pay student loans outside plan
> and get other gen. unsecureds above 50%
>
> Problem is still that 122C “means test” and I’m reluctant to file
> just to have them say its infeasible.
>
> Any comments/advice would be appreciated.
>
> Steve
>
> Law Offices of Steven B. Lever
>
> Steven B. Lever
>
> ( Tel. (562) 436-5456 ext. 1
>
> ( Fax (562) 485-6886
>
> * sblever@leverlaw.com
>
> www.leverlaw.com
>
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Chapter 13 Question:
PC has a form 122C requirement to pay about $3K to gen. unsecureds, but his I/J budget maybe allows for a $1,500 payment total.
Nothing crazy about his income or expenses. A guy earning $107,000 a year with no assets.
This is for filing in LA in front of Curry or Dockery.
Payment to gen. unsecureds around 30%, more than half of which goes to student loans. Or we may pay student loans outside plan and get other gen. unsecureds above 50%
Problem is still that 122C "means test" and I'm reluctant to file just to have them say its infeasible.
Any comments/advice would be appreciated.
Steve
Law Offices of Steven B. Lever
Steven B. Lever
* Tel. (562) 436-5456 ext. 1
* Fax (562) 485-6886
* sblever@leverlaw.com
www.leverlaw.com
******************************************************
This Internet e-mail contains confidential information
which is intended only for the addressee and which may
be privileged under applicable law. Do not read, copy
or disseminate it if you are not the addressee. If you
have received this message in error, please notify the
sender immediately and delete it. Thank you.
******************************************************
Chapter 13 Question:
PC has a form 122C requirement to pay about $3K to gen. unsecureds, but his I/J budget maybe allows for a $1,500 payment total.
Nothing crazy about his income or expenses. A guy earning $107,000 a year with no assets.
This is for filing in LA in front of Curry or Dockery.
Payment to gen. unsecureds around 30%, more than half of which goes to student loans. Or we may pay student loans outside plan and get other gen. unsecureds above 50%
The post was migrated from Yahoo.