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Utilities etc
charset="windows-1251"
Most just ignore these obligations because they are "de minimus" and cause
disproportionate problems if not paid in the ordinary course. This problem
would become acute if, for example, the debtor was a large consumer of
utilities, i.e. a Laundromat. In those cases, you would see compliance with
technical requirements.
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.
Larry Webb
Sent: Friday, February 12, 2010 11:54 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Utilities etc
Importance: Low
I have been pursuing petitions filed by several more experienced practioners
and I notice that utility bills, telephone service , insurance payments and
other routine monthly payments do not appear on Schedule F. I see that s
366 protects the debtor from disconnect, otherwise I am not finding any
statutory direction here.
What is the authority to not list routine monthly obligations? Did I miss
something?
Larry Webb
email Larry@Webbklaw.com
Law Office of Larry Webb
484 Mobil Ave. Suite 43
Camarillo California 93010
805 987 1400
Fax 805 987 2866
WARNING And Tax disclaimer
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recipient, you are hereby notified that any dissemination, distribution or
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originator of this message.
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written to be used, and it cannot be used by the recipient or any other
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charset="windows-1251"
Message
Most just ignore these
obligations because they are "de minimus" and cause disproportionate problems if
not paid in the ordinary course. This problem would become acute if, for
example, the debtor was a large consumer of utilities, i.e. a Laundromat.
In those cases, you would see compliance with technical
requirements.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
Regular current monthly obligations for utilities, cell phone service, etc. are not listed as creditors on Schedule F unless they are past due. They are of course listed on Schedule J as a monthly expense. Listing Southern California Edison as a creditor (as is sometimes required for past due utilities on a rental property) creates difficulty for clients such as requiring a deposit.
Larry Webb wrote:
I have been pursuing petitions filed by several more experienced practioners and I notice that utility bills, telephone service , insurance payments and other routine monthly payments do not appear on Schedule F. I see that s 366 protects the debtor from disconnect, otherwise I am not finding any statutory direction here.
What is the authority to not list routine monthly obligations? Did I miss something?
Larry Webb
email Larry@Webbklaw.com
Law Office of Larry Webb
484 Mobil Ave. Suite 43
Camarillo California 93010
805 987 1400
Fax 805 987 2866
WARNING And Tax disclaimer
This E-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. This information is confidential information and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. It is for the use of the named addressees and may not be disclosed to anyone else without the express consent of the originator. If you have received it in error you must not use, disclose,copy, or rely on its contents and should destroy it immediately. If you need any further information, please contact the originator of this message.
IRS Circular 230 Disclaimer: To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein.
Regular current monthly obligations for utilities, cell phone service, etc. are not listed as creditors on Schedule F unless they are past due. They are of course listed on Schedule J as a monthly expense. Listing Southern California Edison as a creditor (as is sometimes required for past due utilities on a rental property) creates difficulty for clients such as requiring a deposit.
Larry Webb <webblaw@earthlink.net> wrote:
I have been pursuing petitions filed by several more experienced practioners and I notice that utility bills, telephone service , insurance payments and other routine monthly payments do not appear on Schedule F. I see that s 366 protects
the debtor from disconnect, otherwise I am not finding any statutory direction here.
What is the authority to not list routine monthly obligations? Did I miss something?
The post was migrated from Yahoo.
I have been pursuing petitions filed by several more experienced practioners
and I notice that utility bills, telephone service , insurance payments and
other routine monthly payments do not appear on Schedule F. I see that s
366 protects the debtor from disconnect, otherwise I am not finding any
statutory direction here.
What is the authority to not list routine monthly obligations? Did I miss
something?
Larry Webb
email Larry@Webbklaw.com
Law Office of Larry Webb
484 Mobil Ave. Suite 43
Camarillo California 93010
805 987 1400
Fax 805 987 2866
WARNING And Tax disclaimer
This E-mail is covered by the Electronic Communications Privacy Act, 18
U.S.C. 2510-2521 and is legally privileged. This information is
confidential information and is intended only for the use of the individual
or entity named above. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution or
copying of this communication is strictly prohibited. It is for the use of
the named addressees and may not be disclosed to anyone else without the
express consent of the originator. If you have received it in error you must
not use, disclose,copy, or rely on its contents and should destroy it
immediately. If you need any further information, please contact the
originator of this message.
IRS Circular 230 Disclaimer: To ensure compliance with IRS Circular 230, any
U.S. federal tax advice provided in this communication is not intended or
written to be used, and it cannot be used by the recipient or any other
taxpayer (i) for the purpose of avoiding tax penalties that may be imposed
on the recipient or any other taxpayer, or (ii) in promoting, marketing or
recommending to another party a partnership or other entity, investment
plan, arrangement or other transaction addressed herein.
The post was migrated from Yahoo.