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Debtor Stops Overtime: Bad Faith in Ch. 13?
Oh yes, right. I didn't realize there was a form now. I've just been
submitting a declaration.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
________________________________________________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
On 6/23/2010 3:37 PM, Mark T.Jessee wrote:
>
>
> It was pointed out at the CDCBAA seminar last Saturday that the code
> (I am not recalling the section at the moment) requires all Chapter 13
> debtors to annually provide updated income and expense information.
> Local form F 3015.1-20 - Declaration of Post-Petition Income and
> Expenses was created for this purpose. It was also noted that nearly
> nobody has been complying with this requirement. The issue is that
> the Chapter 13 trustees could use this as a basis to seek dismissal of
> the cases, like they do on the lack of tax returns being provided.
> The Chapter 13 trustees might raise the issue 3 or 4 years down the
> road and claim higher amounts should have been paid in during that time.
>
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868
>
> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED
> RECIPIENT OF
> THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
> LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE,
> DISSEMINATION,
> DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE
> NOTIFY
> US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
> MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>
> *On Wed 23/06/10 3:26 PM , "Mark J. Markus" bklawr@yahoo.com sent:
> *
>
> What P&L requirement? You mean the annual tax returns?
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web:http://www.bklaw.com/
> This Firm is a Qualified Federal Debt Relief Agency (see what this means athttp://bklaw.com/bankruptcy-blog/2008/09/debt-relief-agencies-definition/)
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
>
>
> On 6/23/2010 3:14 PM, robert90701@aol.com wrote:
>> Dear Mark:
>> It is not bad faith unless he is doing it to deceive the
>> bankruptcy court. Debtor
>> can not do it as a temporary maneuver. His employer may required
>> him to do OT.
>> He would have to intend not to do OT for 5 years and also report
>> a change in circumstances.
>> Also, note the annual P&L reporting duty.
>>
>> *Disclaimer*
>>
>> *Although the above response is believed to be accurate, it
>> should not be relied upon as any type of legal advice. It is
>> intended to educate the reader and a more definite answer should
>> be based on a consultation with a lawyer. No attorney client
>> relation is formed with me without a written contract.*
>>
>> *Good Luck starts with a strategy and a plan. *
>>
>> *Robert J. Suhajda, MS,CPA*
>>
>> *Attorney*
>>
>> *17721 Norwalk Blvd. #43***
>>
>> *Artesia**, CA 90701***
>>
>> *562-924-8922*
>>
>> In a message dated 6/23/2010 11:26:54 A.M. Pacific Daylight Time,
>> bklawr@yahoo.com writes:
>>
>> Oh, and the amount of overtime presently averages about $900
>> per month
>> gross, so it's substantial.
>>
>> On 6/23/2010 11:24 AM, Mark J. Markus wrote:
>> > I have a PC for whom I will likely be filing a Ch.13. In the
>> past
>> > couple of years he has worked a substantial amount of
>> overtime at his
>> > job. The overtime is NOT required, but he did it to try to
>> keep up on
>> > his bills. Obviously, this overtime factors into his DMI.
>> >
>> > My question is: If he decides on his own to stop doing any
>> overtime
>> > going forward, is it bad faith to exclude the overtime on
>> Schedule "I"
>> > and just list, for example, the average of his non-overtime
>> income and
>> > then, per LANNING, make a special circumstances argument
>> that his
>> > monthly payment should be the lower I/J budget amount?
>> >
>> >
>> >
>> >
>> > *************************
>> > Mark J. Markus
>> > Law Office of Mark J. Markus
>> > 11684 Ventura Blvd. PMB #403
>> > Studio City, CA 91604-2652
>> > (818)509-1173 (818)509-1460 (fax)
>> > web: http://www.bklaw.com/
>> > This Firm is a Qualified Federal Debt Relief Agency (see
>> what this means at
>> http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/
>> )
>> > ________________________________________________
>> > NOTICE: This Electronic Message contains information from
>> the law office of Mark J. Markus that may be privileged. The
>> information is intended for the use of the addressee only. If
>> you are not the addressee, note that any disclosure, copy,
>> distribution or use of the contents of this message is
>> prohibited.
>> > IRS CIRCULAR 230 NOTICE: To ensure compliance with
>> requirements imposed by the IRS, we inform you that any U.S.
>> tax advice contained in this communication (or in any
>> attachment) is not intended or written to be used, and cannot
>> be used, for the purpose of (i) avoiding penalties under the
>> Internal Revenue Code or (ii) promoting, marketing or
>> recommending to another party any transaction or matter
>> addressed in this communication.
>> >
>> >
>> >
>> >
>> > ------------------------------------
>> >
>> > Yahoo! Groups Links
>> >
>> >
>> >
>> >
>> >
>>
>
>
>
The post was migrated from Yahoo.
It was pointed out at the CDCBAA seminar last Saturday that the code
(I am not recalling the section at the moment) requires all Chapter 13
debtors to annually provide updated income and expense information.
Local form F 3015.1-20 - Declaration of Post-Petition Income and
Expenses was created for this purpose. It was also noted that nearly
nobody has been complying with this requirement. The issue is that
the Chapter 13 trustees could use this as a basis to seek dismissal of
the cases, like they do on the lack of tax returns being provided.
The Chapter 13 trustees might raise the issue 3 or 4 years down the
road and claim higher amounts should have been paid in during that
time.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED
RECIPIENT OF
THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE
PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE,
DISSEMINATION,
DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED.
PLEASE NOTIFY
US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
On Wed 23/06/10 3:26 PM , "Mark J. Markus" bklawr@yahoo.com sent:
What P&L requirement? You mean the annual tax returns?
************************* Mark J. Markus Law Office of Mark J.
Markus 11684 Ventura Blvd. PMB #403 Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax) web: http://www.bklaw.com/ This
Firm is a Qualified Federal Debt Relief Agency (see what this means at
The post was migrated from Yahoo.
Dear Mark:
It is not bad faith unless he is doing it to deceive the bankruptcy court. Debtor
can not do it as a temporary maneuver. His employer may required him to
do OT.
He would have to intend not to do OT for 5 years and also report a changein circumstances.
Also, note the annual P&L reporting duty.
Disclaimer
Although the above response is believed to be accurate, it should not be
relied upon as any type of legal advice. It is intended to educate the
reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written
contract.
Good Luck starts with a strategy and a plan.
Robert J. Suhajda, MS,CPA
Attorney
17721 Norwalk Blvd. #43
Artesia, CA 90701
562-924-8922
In a message dated 6/23/2010 11:26:54 A.M. Pacific Daylight Time,
bklawr@yahoo.com writes:
Oh, and the amount of overtime presently averages about $900 per month
gross, so it's substantial.
On 6/23/2010 11:24 AM, Mark J. Markus wrote:
> I have a PC for whom I will likely be filing a Ch.13. In the past
> couple of years he has worked a substantial amount of overtime at his
> job. The overtime is NOT required, but he did it to try to keep up on
> his bills. Obviously, this overtime factors into his DMI.
>
> My question is: If he decides on his own to stop doing any overtime
> going forward, is it bad faith to exclude the overtime on Schedule "I"
> and just list, for example, the average of his non-overtime income and
> then, per LANNING, make a special circumstances argument that his
> monthly payment should be the lower I/J budget amount?
>
>
>
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: _http://www.bklaw.com/_ (http://www.bklaw.com/)
> This Firm is a Qualified Federal Debt Relief Agency (see what this meansat
The post was migrated from Yahoo.
Oh, and the amount of overtime presently averages about $900 per month
gross, so it's substantial.
On 6/23/2010 11:24 AM, Mark J. Markus wrote:
> I have a PC for whom I will likely be filing a Ch.13. In the past
> couple of years he has worked a substantial amount of overtime at his
> job. The overtime is NOT required, but he did it to try to keep up on
> his bills. Obviously, this overtime factors into his DMI.
>
> My question is: If he decides on his own to stop doing any overtime
> going forward, is it bad faith to exclude the overtime on Schedule "I"
> and just list, for example, the average of his non-overtime income and
> then, per LANNING, make a special circumstances argument that his
> monthly payment should be the lower I/J budget amount?
>
>
>
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw.com/
> This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
>
>
>
>
> ------------------------------------
>
> Yahoo! Groups Links
>
>
>
>
>
The post was migrated from Yahoo.
I have a PC for whom I will likely be filing a Ch.13. In the past
couple of years he has worked a substantial amount of overtime at his
job. The overtime is NOT required, but he did it to try to keep up on
his bills. Obviously, this overtime factors into his DMI.
My question is: If he decides on his own to stop doing any overtime
going forward, is it bad faith to exclude the overtime on Schedule "I"
and just list, for example, the average of his non-overtime income and
then, per LANNING, make a special circumstances argument that his
monthly payment should be the lower I/J budget amount?
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
________________________________________________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
The post was migrated from Yahoo.