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Social security income in Chapter 13 cases
charset="windows-1251"
You know, of course, that such a deletion is an intentional denial of humor
to the Court and its staff. Penalty: dour faces.
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.
Steven B. Lever
Sent: Friday, March 05, 2010 3:24 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Social security income in Chapter 13 cases
Thank you, Nancy, I did just that. If they throw us back into the
pre-BAPCPA good old days of arguing those things instead of the bright line
of IRS guidelines, then let us argue away. Although I tended to increase
things like food and transportation, the latter especially being variable
increasing as the age of the vehicle increases (no car payments in this
case). The original version included $1,100 for an apartment he keeps as a
second extended family home in all place Podunk, Louisiana. I said that
would not fly, deleted it, and increased other expenses.
The post was migrated from Yahoo.
Thank you, Nancy, I did just that. If they throw us back into the pre-BAPCPA good old days of arguing those things instead of the bright line of IRS guidelines, then let us argue away. Although I tended to increase things like food and transportation, the latter especially being variable increasing as the age of the vehicle increases (no car payments in this case). The original version included $1,100 for an apartment he keeps as a second extended family home in all place Podunk, Louisiana. I said that would not fly, deleted it, and increased other expenses.
The post was migrated from Yahoo.
Steve,
ing this issue.
schedule Iin one of his client's cases under this theory, without success.
est will result in only a 36 monthPlan under Kagenveama. However, once you get to the duration, the I- J payment is required.
ue for higher than standardIRSexpense amounts using the argument that the SSI income is meantforthose types of uses.
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
1706-B Newport Boulevard, Costa Mesa, CA 92627-3073
Telephone: (949)650-3328
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@yahoogroups.com
Sent: Thu, March 4, 2010 12:46:09 PM
Subject: [cdcbaa] Social security income in Chapter 13 cases
Does Social Security income count toward disposable income in a Chapter 13 case? I know it is not in a Chapter 7 means test form B22, and question 9 of form 22C specifically has us exclude it, under the definition of "current monthly income" in 11 U.S.C. 101(10)(A) in Chapter 13 as well.
However, as to I and J, the SS income is still there. My PC has a lot of other income as well from a pension so it throws him into a high DMI in an I and J differential. So while there is a negative 22C, it seems I have to include the social security income even though it is not required under the "means testing."
Do you think I have to use the social security income to fund the plan in this case? I don't see a way around it, but I want to verify this with the community.
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
Steve,
Review the attached NACBA amicus brief in Lanning regarding this issue.
I think Mark Marcus tried to exclude SSI from schedule I in one of his client's cases under this theory, without success.
Ideally, exclusing SSI for the B22C PDI test will result in only a 36 month Plan under Kagenveama. However, once you get to the duration, the I - J payment is required.
In cases where my clients have SSI, I argue for higher than standard IRS expense amounts using the argument that the SSI income is meant for those types of uses. 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.com
Personal Financial Law Center II1706-B Newport Boulevard, Costa Mesa, CA 92627-3073Telephone: (949)650-3328
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: Steven B. Lever <sblever@leverlaw.com>To: cdcbaa@yahoogroups.comSent: Thu, March 4, 2010 12:46:09 PMSubject: [cdcbaa] Social security income in Chapter 13 cases
Does Social Security income count toward disposable income in a Chapter 13 case? I know it is not in a Chapter 7 means test form B22, and question 9 of form 22C specifically has us exclude it, under the definition of "current monthly income" in 11 U.S.C. 101(10)(A) in Chapter 13 as well.However, as to I and J, the SS income is still there. My PC has a lot of other income as well from a pension so it throws him into a high DMI in an I and J differential. So while there is a negative 22C, it seems I have to include the social security income even though it is not required under the "means testing." Do you think I have to use the social security income to fund the plan in this case? I don't see a way around it, but I want to verify this with the community.Steve Law Offices of Steven B. Lever>> Steven B. Lever
The post was migrated from Yahoo.
Does Social Security income count toward disposable income in a Chapter 13 case? I know it is not in a Chapter 7 means test form B22, and question 9 of form 22C specifically has us exclude it, under the definition of "current monthly income" in 11 U.S.C. 101(10)(A) in Chapter 13 as well.
However, as to I and J, the SS income is still there. My PC has a lot of other income as well from a pension so it throws him into a high DMI in an I and J differential. So while there is a negative 22C, it seems I have to include the social security income even though it is not required under the "means testing."
Do you think I have to use the social security income to fund the plan in this case? I don't see a way around it, but I want to verify this with the community.
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
The post was migrated from Yahoo.