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Adjustment for older car in means test
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I sent an e-mail to Ken Lau asking about this yesterday. His response was
"I believe the same standard applies in Ch 7 or Ch 13 for this line item."
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
_____
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This is why I love the CDCBAA listserv. Mark, that is gold to some of my
Chapter 13 clients what you pointed out. In fact, that whole PDF from the
OUST I didn't know about will be saved on my desktop for awhile. Thank you.
The only thing I hate about lowering my clients chapter 13 payments is that
I get paid slower.
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456
>( Fax (562) 684-0202
>* sblever@leverlaw.com
> www.leverlaw.com
> ******************************************************
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I didn't say they don't allow it for Chapter 7. All I said was the only
specific guidance we have is for Chapter 13. There are many provisions of
the Chapter 7 means test which simply are not the same as Chapter 13.
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Thanks, Mark. How do we know they don't allow this additional $200 for
Chapter 7 means test. Have they said so? The introduction to the document
listed on the website states that the USTP positions "reflect an intent to
harmonize the chapter 7 means test with the chapter 13 disposable income
test for above-median debtors."
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
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
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It's in their Chapter 13 opinions at
http://www.usdoj.gov/ust/eo/bapcpa/index.htm click on the link on the left
side dealing with "USTP Position" on Ch. 13. Why they won't do this for
Chapter 7 is beyond me, and I have brought this to Peter Anderson's
attention.
*************************
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)
Toll Free: 1-866-576-6275
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at
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Here's the documents in .pdf
Regards,
Sharon C. Hughes
Hughes & Dunstan, LLP
21650 Oxnard Street, Suite 1960
Woodland Hills, CA 91367
Tel: 818-715-9558 x1001
Fax: 818-715-9559
**************Need a job? Find an employment agency near you.
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I recall from the CDCBAA meeting last year at which the US Trustee made a
presentation that the UST was allowing an additional ownership expense on
the means test for debtors who owned an older car free and clear. My
(vague) memory was that it was an extra $200 per month for cars over 8 years
old, but I can't find it on the UST website -- can someone please point me
to it.
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
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
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I recall from the CDCBAA meeting last year at
which the US Trustee made a presentation that the UST was allowing anadditional ownership expense on the means test for debtors who owned an
older car free and clear. My (vague) memory was that it was an extra $200
per month for cars over 8 years old, but I can't find it on the UST website
James
R. Selth
Weintraub
& Selth, APC
12121
Wilshire Boulevard, Suite 1300
Los
Angeles,
California
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