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Post filing amendments to pass means test
The MeansTest doesn't need to match I - J, it wouldn't unless by coincidence or
where all theactual expenses are the same as the IRS standards.
Which trustee?
Peter M. Lively, JD, MBA
The Personal Financial Law Center* Culver City & Costa Mesa * 800-307-DEBT
________________________________
To: cdcbaa@yahoogroups.com
Sent: Sun, May 8, 2011 12:19:04 PM
Subject: [cdcbaa] Post filing amendments to pass means test
Need a little practical assistance here,
Client's means test was mistakenly calculated without using all of the client's
paystubs. The omission of the stubs was an honest omission, not intentional.
There is a substantial difference between I and the Means Test, so fortunately
the error was caught, by the Trustee. I was told by the Trustee to make thenumbers match and if I get it in promptly, we will not have a second creditor's
meeting.
Now, in order to make the debtor qualify I will have to make revisions to the
Means Test which need to also be reflected in Schedule J (increase HH size by 1
for a 19 year old college student and also adjust expenses).
My concern is that these revisions (filed amendments) will look entirely too
fortuitous to be legitimate. Without them, my client will not qualify.
What can I do to assure the Trustee of the good faith nature of the amendments?
I was considering filing Declarations with Exhibits attached reflecting expenses
and explaining the increased HH size. Should I dismiss and refile? How would
this be different from an amendment?
The Means Test doesn't need to match I - J, it wouldn't unless by coincidence or where all the actual expenses are the same as the IRS standards.
Which trustee?
Peter M. Lively, JD, MBA
The Personal Financial Law Center * Culver City & Costa Mesa * 800-307-DEBT
From: Robert <robertvitt@vittlawfirm.com>To: cdcbaa@yahoogroups.comSent: Sun, May 8, 2011 12:19:04 PMSubject: [cdcbaa] Post filing amendments to pass means test
Need a little practical assistance here, Client's means test was mistakenly calculated without using all of the client's paystubs. The omission of the stubs was an honest omission, not intentional. There is a substantial difference between I and the Means Test, so fortunately the error was caught, by the Trustee. I was told by the Trustee to make the numbers match and if I get it in promptly, we will not have a second creditor's meeting.Now, in order to make the debtor qualify I will have to make revisions to the Means Test which need to also be reflected in Schedule J (increase HH size by 1 for a 19 year old college student and also adjust expenses). My concern is that these revisions (filed amendments) will look entirely too fortuitous to be legitimate. Without them, my client will not qualify. What can I do to assure the Trustee of the good faith nature of the amendments? I was considering filing Declarations
with Exhibits attached reflecting expenses and explaining the increased HH size. Should I dismiss and refile? How would this be different from an amendment?
The post was migrated from Yahoo.
You are overthinking the problem. File the amendments. If they are questioned, answer. If not, have a drink.
Sent from my iPhone
On May 8, 2011, at 12:19 PM, "Robert" wrote:
>
> Need a little practical assistance here,
>
> Client's means test was mistakenly calculated without using all of the client's paystubs. The omission of the stubs was an honest omission, not intentional. There is a substantial difference between I and the Means Test, so fortunately the error was caught, by the Trustee. I was told by the Trustee to make the numbers match and if I get it in promptly, we will not have a second creditor's meeting.
>
> Now, in order to make the debtor qualify I will have to make revisions to the Means Test which need to also be reflected in Schedule J (increase HH size by 1 for a 19 year old college student and also adjust expenses).
>
> My concern is that these revisions (filed amendments) will look entirely too fortuitous to be legitimate. Without them, my client will not qualify.>
> What can I do to assure the Trustee of the good faith nature of the amendments? I was considering filing Declarations with Exhibits attached reflecting expenses and explaining the increased HH size. Should I dismiss and refile? How would this be different from an amendment?
>
>
You are overthinking the problem. File the amendments. If they are questioned, answer. If not, have a drink.Sent from my iPhoneOn May 8, 2011, at 12:19 PM, "Robert" <robertvitt@vittlawfirm.com> wrote:
Need a little practical assistance here,
Client's means test was mistakenly calculated without using all of the client's paystubs. The omission of the stubs was an honest omission, not intentional. There is a substantial difference between I and the Means Test, so fortunately the error was caught, by the Trustee. I was told by the Trustee to make the numbers match and if I get it in promptly, we will not have a second creditor's meeting.
Now, in order to make the debtor qualify I will have to make revisions to the Means Test which need to also be reflected in Schedule J (increase HH size by 1 for a 19 year old college student and also adjust expenses).
My concern is that these revisions (filed amendments) will look entirely too fortuitous to be legitimate. Without them, my client will not qualify.
What can I do to assure the Trustee of the good faith nature of the amendments? I was considering filing Declarations with Exhibits attached reflecting expenses and explaining the increased HH size. Should I dismiss and refile? How would this be different from an amendment?
The post was migrated from Yahoo.
Need a little practical assistance here,
Client's means test was mistakenly calculated without using all of the client's paystubs. The omission of the stubs was an honest omission, not intentional. There is a substantial difference between I and the Means Test, so fortunately the error was caught, by the Trustee. I was told by the Trustee to make the numbers match and if I get it in promptly, we will not have a second creditor's meeting.
Now, in order to make the debtor qualify I will have to make revisions to the Means Test which need to also be reflected in Schedule J (increase HH size by 1 for a 19 year old college student and also adjust expenses).
My concern is that these revisions (filed amendments) will look entirely too fortuitous to be legitimate. Without them, my client will not qualify.
What can I do to assure the Trustee of the good faith nature of the amendments? I was considering filing Declarations with Exhibits attached reflecting expenses and explaining the increased HH size. Should I dismiss and refile? How would this be different from an amendment?
The post was migrated from Yahoo.