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Social Security Income in Chapter 13
Going to have to go out on a limb here Dennis as the Case is being converted from 13 to 7 now that the Debtor has obtained a loa modification and is no longer in default on his mortgage. Sanctions?
I do appreciate the response.
S.
>
> Simon, means test excludes ss income. I would file a 7, client can convert if there is a motion, but let us know the outcome. I bet on no motion. Also, even if there is a motion, you can opposes, wait to read the tentative, or the judge, and convert at the last minute.
> d
>
>
> ________________________________
> To: cdcbaa@yahoogroups.com
> Sent: Friday, December 2, 2011 4:36 PM
> Subject: [cdcbaa] Social Security Income in Chapter 13
>
>
>
> I apologize to raise the issue a second time but would appreciate any feedback on the issue as to whether a debtor MUST include monies received as social security benefits in his projected disposible monthly income for the purpose of funding a chapter 13 plan. I would like to file a chapter 7 but the SS Benefit makes his I minus J Disposible Monthly Income high an I want to antcipate the liklihood of an objection the result thereof. Thanks again. Simon.
>
> Simon J. Dunstan
> HUGHES & DUNSTAN, LLP
>
The post was migrated from Yahoo.
John: I appreciate the response. My research into the subject shows that in other circuits at least it is not required that any of the SSI be included into a plan and thus it couldn't be bad faith. Anyway, I believe, after reviewing I and J that we can get the PDMI close to or below $1,000.
>
> Hello Simon:
> How high is "high?"
> I have the impression that trustees won't care if the I&J difference is
> $1,000 or less. One of the more irascible trustees in Santa Barbara told me
> as much more than a year ago. However, their guidelines and directives from
> the US Trustees' Office change from time to time.
> Because the excess comes from Social Security, I am going to bet that the
> trustees will be even more shy about challenging this as an abuse although
> none would ever admit it in public.
> But it's always a gamble: how high can you go without drawing an objection?
> No one will tell you, and so we need to know what the word on the street is.
>
> John D. Faucher
> Hurlbett & Faucher, LLP
>
> On 12/2/11 4:36 PM, "J." wrote:
>
> > I apologize to raise the issue a second time but would appreciate any feedback
> > on the issue as to whether a debtor MUST include monies received as social
> > security benefits in his projected disposible monthly income for the purpose
> > of funding a chapter 13 plan. I would like to file a chapter 7 but the SS
> > Benefit makes his I minus J Disposible Monthly Income high an I want to
> > antcipate the liklihood of an objection the result thereof. Thanks again.
> > Simon.
> >
> > Simon J. Dunstan
> > HUGHES & DUNSTAN, LLP
>
The post was migrated from Yahoo.
Simon, means test excludes ss income. I would file a 7, client can convert if there is a motion, but let us know the outcome. I bet on no motion. Also, even if there is a motion, you can opposes, wait to read the tentative, or the judge, and convert at the last minute.
d
________________________________
To: cdcbaa@yahoogroups.com
Sent: Friday, December 2, 2011 4:36 PM
Subject: [cdcbaa] Social Security Income in Chapter 13
I apologize to raise the issue a second time but would appreciate any feedback on the issue as to whether a debtor MUST include monies received as social security benefits in his projected disposible monthly income for the purpose of funding a chapter 13 plan. I would like to file a chapter 7 but the SS Benefit makes his I minus J Disposible Monthly Income high an I want to antcipate the liklihood of an objection the result thereof. Thanks again. Simon.
Simon J. Dunstan
HUGHES & DUNSTAN, LLP
Simon, means test excludes ss income. I would file a 7, client can convert if there is a motion, but let us know the outcome. I bet on no motion. Also, even if there is a motion, you can opposes, wait to read the tentative, or the judge, and convert at the last minute.d From: J. <pleabargain@msn.com> To: cdcbaa@yahoogroups.com Sent: Friday, December 2, 2011 4:36 PM Subject: [cdcbaa] Social Security Income in Chapter 13
I apologize to raise the issue a second time but would appreciate any feedback on the issue as to whether a debtor MUST include monies received as social security benefits in his projected disposible monthly income for the purpose of funding a chapter 13 plan. I would like to file a chapter 7 but the SS Benefit makes his I minus J Disposible Monthly Income high an I want to antcipate the liklihood of an objection the result thereof. Thanks again. Simon.
Simon J. Dunstan
HUGHES & DUNSTAN, LLP
The post was migrated from Yahoo.
charset="ISO-8859-1"
Hello Simon:
How high is "high?"
I have the impression that trustees won't care if the I&J difference is
$1,000 or less. One of the more irascible trustees in Santa Barbara told me
as much more than a year ago. However, their guidelines and directives from
the US Trustees' Office change from time to time.
Because the excess comes from Social Security, I am going to bet that the
trustees will be even more shy about challenging this as an abuse although
none would ever admit it in public.
But it's always a gamble: how high can you go without drawing an objection?
No one will tell you, and so we need to know what the word on the street is.
John D. Faucher
Hurlbett & Faucher, LLP
On 12/2/11 4:36 PM, "J." wrote:
> I apologize to raise the issue a second time but would appreciate any feedback
> on the issue as to whether a debtor MUST include monies received as social
> security benefits in his projected disposible monthly income for the purpose
> of funding a chapter 13 plan. I would like to file a chapter 7 but the SS
> Benefit makes his I minus J Disposible Monthly Income high an I want to
> antcipate the liklihood of an objection the result thereof. Thanks again.
> Simon.
>
> Simon J. Dunstan
> HUGHES & DUNSTAN, LLP
charset="ISO-8859-1"
Hello Simon: How high is "high?" I have the impression that trustees won't care if the I&J difference is $1,000 or less. One of the more irascible trustees in Santa Barbara told me as much more than a year ago. However, their guidelines and directives from the US Trustees' Office change from time to time. Because the excess comes from Social Security, I am going to bet that the trustees will be even more shy about challenging this as an abuse – although none would ever admit it in public. But it's always a gamble: how high can you go without drawing an objection? No one will tell you, and so we need to know what the word on the street is. John D. FaucherHurlbett & Faucher, LLPOn 12/2/11 4:36 PM, "J." <pleabargain@msn.com> wrote:I apologize to raise the issue a second time but would appreciate any feedback on the issue as to whether a debtor MUST include monies received as social security benefits in his projected disposible monthly income for the purpose of funding a chapter 13 plan. I would like to file a chapter 7 but the SS Benefit makes his I minus J Disposible Monthly Income high an I want to antcipate the liklihood of an objection the result thereof. Thanks again. Simon.Simon J. DunstanHUGHES & DUNSTAN, LLP
The post was migrated from Yahoo.
I apologize to raise the issue a second time but would appreciate any feedback on the issue as to whether a debtor MUST include monies received as social security benefits in his projected disposible monthly income for the purpose of funding a chapter 13 plan. I would like to file a chapter 7 but the SS Benefit makes his I minus J Disposible Monthly Income high an I want to antcipate the liklihood of an objection the result thereof. Thanks again. Simon.
Simon J. Dunstan
HUGHES & DUNSTAN, LLP
The post was migrated from Yahoo.