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Chapter 13 Debtors Divorcing - which is better?
How about a motion to withdraw due to conflict created by impending divorce
situation?
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Catherine Christiansen
Sent: Monday, October 11, 2010 12:09 PM
To: cdcbaa blog
Subject: [cdcbaa] Chapter 13 Debtors Divorcing - which is better?
Chapter 13 Debtors with a plan that cures a small tax debt and pays
unsecured creditors, no lien strip, as separated. He is not very
communicative with our office. The plan needs to go from a 50% plan to a
15% plan and consider only her income and expenses. She is keeping the
house, but no arrears. Her income is $150,000 per year with a household of 3
- the debtor, 1 minor child, and 1 adult child (22 & unemployed) living with
her.
Will the court let us modify with only her income because he is not
responding?
If his income is taken into consideration and using the IRS guidelines for
rent, utilities, food, etc. deductions there is about $2,300 disposable
income but he is not contributing to the household. She cannot afford a
family law attorney right now. He has not responded to our requests for
updated information.
Do we have to do a motion to withdraw as his attorney based on
non-communication?
Trustee has filed a motion to dismiss because 5 plan payments in arrears -
should we advise the debtor to let the case be dismissed and refile another
13 for her?
The debt is community debt.
Thanks.
Law Office of Catherine Christiansen
1077 E Pacific Coast Hwy #210
Seal Beach, CA, 90740
Tel: (562) 361-8721
Fax: (562) 490-8572
attorneychristiansen@gmail.com
This e-mail is private and confidential and is intended solely for the
recipient(s) named or otherwise identified herein. If you are not named or
otherwise identified as an intended recipient, please delete this e-mail
message and any copies thereof and immediately notify Christiansen Law
Offices by e-mail or by telephone (562)608-8368. Representation Note: If
you have not signed a contract of representation, Christiansen Law Offices
does not represent you, and this email does not contain any legal advice for
you. NOTICE: We are a federally designated Debt Relief Agency under the
United States Bankruptcy Laws. We assist people with finding solutions to
their debt problems,including filing petitions for relief under the
Bankruptcy Code
"Don't be afraid, for I am with you. Do not be dismayed, for I amyour God. I
will strengthen you. I will help you. I will uphold you with myvictorious
right hand." Isaiah 41:10 NLT
Message
How about a motion to
withdraw due to conflict created by impending divorce
situation?
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
Perhaps start with an Opp TMD requesting some additional time to respondproviding a supportingdelaration of wife regarding herinability to acquire all
the evidence of income, etc.
This will buy youand your client some time to review the options.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
A-Bankruptcy-Attorney.com
Personal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH
IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL
AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE
IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR
DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT
ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY
PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
________________________________
To: cdcbaa blog
Sent: Mon, October 11, 2010 12:08:44 PM
Subject: [cdcbaa] Chapter 13 Debtors Divorcing - which is better?
Chapter 13 Debtors with a plan that cures a small tax debt and pays unsecured
creditors, no lien strip, as separated. He is not very communicative with our
office. The plan needs to go from a 50% plan to a 15% plan and consider only
her income and expenses. She is keeping the house, but no arrears. Her income
is $150,000 per year with a household of 3 - the debtor, 1 minor child, and 1
adult child (22 & unemployed) living with her.
Will the court let us modify with only her income because he is not responding?
If his income is taken into consideration and using the IRS guidelines for rent,
utilities, food, etc. deductions there is about $2,300 disposable income but he
is not contributing to the household. She cannot afford a family law attorney
right now. He has not responded to our requests for updated information.
Do we have to do a motion to withdraw as his attorney based on
non-communication?
Trustee has filed a motion to dismiss because 5 plan payments in arrears -should we advise the debtor to let the case be dismissed and refile another 13
for her?
The debt is community debt.
Thanks.
Law Office of Catherine Christiansen
1077 E Pacific Coast Hwy #210
Seal Beach, CA, 90740
Tel: (562) 361-8721
Fax: (562) 490-8572
attorneychristiansen@gmail.com
This e-mail is private and confidential and is intended solely for the
recipient(s) named or otherwise identified herein. If you are not named or
otherwise identified as an intended recipient, please delete this e-mail message
and any copies thereof and immediately notify Christiansen Law Offices by e-mail
or by telephone (562)608-8368. Representation Note: If you have not signed a
contract of representation, Christiansen Law Offices does not represent you, and
this email does not contain anylegal advicefor you. NOTICE: We are a
federally designated Debt Relief Agency under the United States BankruptcyLaws.We assist people with finding solutions to their debt problems,including
filing petitions for relief under the Bankruptcy Code
"Don't be afraid, for I am with you. Do not be dismayed, for I amyour God. I
will strengthen you. I will help you. I will uphold you with myvictorious right
hand." Isaiah 41:10 NLT
Perhaps start with an Opp TMD requesting some additional time to respond and providing a supporting delaration of wife regarding her inability to acquire all the evidence of income, etc.
This will buy you and your client some time to review the options. Peter M. Lively, JD/MBALaw Office of Peter M. Lively * Personal Financial Law Center I11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462 A-Bankruptcy-Attorney.comPersonal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
From: Catherine Christiansen <christiansenlaw@yahoo.com>To: cdcbaa blog <cdcbaa@yahoogroups.com>Sent: Mon, October 11, 2010 12:08:44 PMSubject: [cdcbaa] Chapter 13 Debtors Divorcing - which is better?
Chapter 13 Debtors with a plan that cures a small tax debt and pays unsecured creditors, no lien strip, as separated. He is not very communicative with our office. The plan needs to go from a 50% plan to a 15% plan and consider only her income and expenses. She is keeping the house, but no arrears. Her income is $150,000 per year with a household of 3 - the debtor, 1 minor child, and 1 adult child (22 & unemployed) living with her. Will the court let us modify with only her income because he is not responding?If his income is taken into consideration and using the IRS guidelines for rent, utilities, food, etc. deductions there is about $2,300 disposable income but he is not contributing to the household. She cannot afford a family law attorney right now. He has not responded to our requests for updated
information.Do we have to do a motion to withdraw as his attorney based on non-communication?Trustee has filed a motion to dismiss because 5 plan payments in arrears - should we advise the debtor to let the case be dismissed and refile another 13 for her? The debt is community debt.Thanks.
Law Office of Catherine Christiansen1077 E Pacific Coast Hwy #210Seal Beach, CA, 90740Tel: (562) 361-8721Fax: (562) 490-8572
The post was migrated from Yahoo.
Chapter 13 Debtors with a plan that cures a small tax debt and pays unsecured
creditors, no lien strip, as separated. He is not very communicative with our
office. The plan needs to go from a 50% plan to a 15% plan and consider only
her income and expenses. She is keeping the house, but no arrears. Her income
is $150,000 per year with a household of 3 - the debtor, 1 minor child, and 1
adult child (22 & unemployed) living with her.
Will the court let us modify with only her income because he is not responding?
If his income is taken into consideration and using the IRS guidelines for rent,
utilities, food, etc. deductions there is about $2,300 disposable income but he
is not contributing to the household. She cannot afford a family law attorney
right now. He has not responded to our requests for updated information.
Do we have to do a motion to withdraw as his attorney based on
non-communication?
Trustee has filed a motion to dismiss because 5 plan payments in arrears -
should we advise the debtor to let the case be dismissed and refile another 13
for her?
The debt is community debt.
Thanks.
Law Office of Catherine Christiansen
1077 E Pacific Coast Hwy #210
Seal Beach, CA, 90740
Tel: (562) 361-8721
Fax: (562) 490-8572
attorneychristiansen@gmail.com
This e-mail is private and confidential and is intended solely for the
recipient(s) named or otherwise identified herein. If you are not named or
otherwise identified as an intended recipient, please delete this e-mail message
and any copies thereof and immediately notify Christiansen Law Offices by e-mail
or by telephone (562)608-8368. Representation Note: If you have not signed a
contract of representation, Christiansen Law Offices does not represent you, and
this email does not contain any legal advice for you. NOTICE: We are a
federally designated Debt Relief Agency under the United States Bankruptcy
Laws. We assist people with finding solutions to their debt problems,including
filing petitions for relief under the Bankruptcy Code
"Don't be afraid, for I am with you. Do not be dismayed, for I amyour God. I
will strengthen you. I will help you. I will uphold you with myvictorious right
hand." Isaiah 41:10 NLT
Chapter 13 Debtors with a plan that cures a small tax debt and pays unsecured creditors, no lien strip, as separated. He is not very communicative with our office. The plan needs to go from a 50% plan to a 15% plan and consider only her income and expenses. She is keeping the house, but no arrears. Her income is $150,000 per year with a household of 3 - the debtor, 1 minor child, and 1 adult child (22 & unemployed) living with her. Will the court let us modify with only her income because he is not responding?If his income is taken into consideration and using the IRS guidelines for rent, utilities, food, etc. deductions there is about $2,300 disposable income but he is not contributing to the household. She cannot afford a family law attorney right
The post was migrated from Yahoo.