.jpg)
Tough means test problem -- choice of household?
I would add the son and grandson plus their contribution. In re Plumb,
373 B.R. 429. The roommate/tenant as a household member is questionable.
Nancy B. Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
Office: (626) 332-8600
Fax: (626) 332-8644
Privileged/Confidential Information may be contained in this message. If
you are not the addressee indicated in this message (or responsible for
delivery of the message to such person), you may not copy or deliver
this message to anyone. In such case, you should destroy this message
and kindly notify the sender by reply email. Please advise immediately
if you or your employer does not consent to Internet email for messages
of this kind. Opinions, conclusions and other information in this
message that do not relate to the official business of my firm shall be
understood as neither given nor endorsed by it.
IRS Circular 230 Disclosure: To ensure compliance with Treasury
Department Regulations, we advise you that, unless otherwise expressly
indicated, any federal tax advice contained in this communication was
not intended or written to be used, and cannot be used, for the purpose
of (i) avoiding tax-related penalties under the Internal Revenue Code or
applicable state or local tax law provisions or (ii) promoting,
marketing or recommending to another party any tax-related matter
addressed herein.
________________________________
The post was migrated from Yahoo.
I have a client that passes the means test if she is a household of
one and her son's contribution is not included. If you put in the
household of 4 -- her son, grandson, tenant/roommate --- and the son's
contribution she fails by over $600. ISSUE: I am wondering if I
have the choice of putting her as a household of one in the means test
and not counting the son's contributions, which is not truly income,
at least in a tax sense.
She is outside the jurisdictional debt limits for 13 wants to file a
7. She is a consumer debtor because of her huge primary residence
mortgage as well as credit cards even though she also has considerable
non-consumer debt from a rental property in Las Vegas (LV) Both 2nd
mortgages are unsecured by dint of a lower property value than the
balance owed on the 1st mortgage, but I put the payments in the means
test anyway.
Even if we go with the larger household and we don't pass the means
test and there is a "presumption of abuse" against us, there is a case
out of Wisconsin called In re Kathern J. Mravik that held that since
she could continue her retirement payments in Chapter 13 and that
therefore creditors would get nothing in a 13 that it was not a
presumed abuse. In my client's case, she pays over $1,200 per month
in retirement, so she would pay nothing in a Chapter 13 (if she was
jurisdictionally allowed to file one).
It would be easier to file her as a one person household without the
son's contribution, but I have doubts as to whether that is proper.
Am I left to fight the abuse? Also, I know I could file a Chapter
11, but I don't want to go there.
Thank you
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
The post was migrated from Yahoo.