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Means Test - Owned Cars
Peter:
Thank you,
Ramson cites Carlin and says the $200 is available. I have always taken the
$200 for older cars, and in all likelihood will in this case. The only
other issue however is she Tithes, and I am taking that on the means test.
While it is allowable, the tithing and $200 for the car are what we are
counting on to pass. Without either, the "Presumption" would arise. We are
not being hogs here, but this seems to be a hot button.
I am inclined to file the 7.
Hank
Henry M. Toles, J.D., M.B.A.
Henry M. Toles, A Law Corporation
11746 Goshen Avenue, No. 1
Los Angeles, California 90049-6113
Telephone: (310) 479-1400
Facsimile: (310) 575-0343
E-Mail: hmt@toles.org
Member National Association of Consumer Bankruptcy Attorneys (NACBA)
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, where appropriate, assisting them with the filing
of petitions for relief under the United States Bankruptcy Code.
This does not constitute an electronic signature.
This message contains confiidential information which may also be
privileged. Unless you are the intended recipient (or authorized to receive
for the intended recipient) you may not copy, use or distribute the
information contained in this message.
-----Original Message-----
L
Sent: Tuesday, January 22, 2008 08:51
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Means Test - Owned Cars
Check out Ramson at page 17.
"Henry M. Toles" wrote:
I have a client that wants to retain me for a 7. She owns a 10 year old
car
and must do the means test. I used $200 for the ownership expense and
she
passed by a few dollars. At $0 she fails. We know from the latest case
that just came down (Chapter 13) we can take no ownership expense unless
the
car is being purchased or leased. I have in the past taken $200 and it
was
fine.
Do you think I can take the $200? What has the group been doing?
Hank
PS: She simply cannot afford to fight this is challenged.
Henry M. Toles, J.D., M.B.A.
Henry M. Toles, A Law Corporation
11746 Goshen Avenue, No. 1
Los Angeles, California 90049-6113
Telephone: (310) 479-1400
Facsimile: (310) 575-0343
E-Mail: hmt@toles.org
Member National Association of Consumer Bankruptcy Attorneys (NACBA)
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, where appropriate, assisting them with the filing
of petitions for relief under the United States Bankruptcy Code.
This does not constitute an electronic signature.
This message contains confiidential information which may also be
privileged. Unless you are the intended recipient (or authorized to
receive
for the intended recipient) you may not copy, use or distribute the
information contained in this message.
Never miss a thing. Make Yahoo your homepage.
The post was migrated from Yahoo.
Jim, thank you.
Yes, I new of it, that is why I used it (I have done it before, I just
thought that now we cannot use it, I hope I am wrong). My concern is
without it, there is an abuse and my client cannot file a 7. It is just
that she has no money and is able to borrow the funds from her parents just
to do the 7 (and I am giving her a very fair price at that). She cannot
fight this. It is an LA Case. I believe it would fly fine in the Valley.
It is amazing the difference in where we file. You all saw my Santa Ana
issue.
Hank
Henry M. Toles, J.D., M.B.A.
Henry M. Toles, A Law Corporation
11746 Goshen Avenue, No. 1
Los Angeles, California 90049-6113
Telephone: (310) 479-1400
Facsimile: (310) 575-0343
E-Mail: hmt@toles.org
Member National Association of Consumer Bankruptcy Attorneys (NACBA)
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, where appropriate, assisting them with the filing
of petitions for relief under the United States Bankruptcy Code.
This does not constitute an electronic signature.
This message contains confiidential information which may also be
privileged. Unless you are the intended recipient (or authorized to receive
for the intended recipient) you may not copy, use or distribute the
information contained in this message.
-----Original Message-----
James R. Selth
Sent: Tuesday, January 22, 2008 09:16
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Means Test - Owned Cars
Hank, this may be of help to you, since it's something I wasn't previously
aware of:
In reviewing a UST Motion to Dismiss filed last month in Case No.
2:07-bk-18569-RN (not one of my cases), I noted that the UST Motion, while
arguing that the debtor wasn't allowed an ownership expense for a car he had
surrendered post-petition, also said that because the debtor's other car was
"more than six years old with mileage in excess if 75,000 miles . . . the
debtor is entitled to a $200 additional operating expense, as permitted by
IRS standards."
I never knew about this additional allowed operating expense for older
cars. Did anyone?
Incidentally, in his tentative ruling, Judge Neiter disagreed with the UST
on the ownership allowance issue, siding with Judge Jury's In re Wilkins
opinion.
Jim
James R. Selth
Weintraub & Selth, APC
12424 Wilshire Blvd., Suite 1120
Los Angeles, CA 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT
OF
THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE
NOTIFY
US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
--- Original Message---
To:
Sent: 1/21/2008 6:20PM
Subject: [cdcbaa] Means Test - Owned Cars
>>
>> I have a client that wants to retain me for a 7. She owns a 10 year old
car
>> and must do the means test. I used $200 for the ownership expense and
she
>> passed by a few dollars. At $0 she fails. We know from the latest case
>> that just came down (Chapter 13) we can take no ownership expense
unless the
>> car is being purchased or leased. I have in the past taken $200 and it
was
>> fine.
>>
>> Do you think I can take the $200? What has the group been doing?
>>
>> Hank
>>
>> PS: She simply cannot afford to fight this is challenged.
>>
>> Henry M. Toles, J.D., M.B.A.
>> Henry M. Toles, A Law Corporation
>> 11746 Goshen Avenue, No. 1
>> Los Angeles, California 90049-6113
>> Telephone: (310) 479-1400
>> Facsimile: (310) 575-0343
>> E-Mail: hmt@toles.org
>>
>> Member National Association of Consumer Bankruptcy Attorneys (NACBA)
>>
>> 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, where appropriate, assisting them with the filing
>> of petitions for relief under the United States Bankruptcy Code.
>>
>> This does not constitute an electronic signature.
>>
>> This message contains confiidential information which may also be
>> privileged. Unless you are the intended recipient (or authorized to
receive
>> for the intended recipient) you may not copy, use or distribute the
>> information contained in this message.
>>
>>
>>
Jim,
thank you.
Yes, I
new of it, that is why I used it (I have done it before, I just thought that now
we cannot use it, I hope I am wrong). My concern is without it, there is
an abuse and my client cannot file a 7. It is just that she has no money
and is able to borrow the funds from her parents just to do the 7 (and I amgiving her a very fair price at that). She cannot fight this. It is
an LA Case. I believe it would fly fine in the Valley.
It is
amazing the difference in where we file. You all saw my Santa Ana
issue.
Hank
Henry M. Toles, J.D., M.B.A.Henry M. Toles, A Law
Corporation11746 Goshen Avenue, No. 1Los Angeles, California
90049-6113Telephone: (310) 479-1400Facsimile: (310) 575-0343E-Mail:
hmt@toles.orgMember National Association of Consumer Bankruptcy
Attorneys (NACBA)We are a federally designated Debt Relief Agency under
the United StatesBankruptcy Laws. We assist people with finding solutions to
their debtproblems, including, where appropriate, assisting them with the
filingof petitions for relief under the United States Bankruptcy
Code.This does not constitute an electronic signature.Thismessage contains confiidential information which may also be privileged. Unless
you are the intended recipient (or authorized to receive for the intended
recipient) you may not copy, use or distribute the information contained in this
message.
-----Original Message-----From: cdcbaa@yahoogroups.com
[mailto:cdcbaa@yahoogroups.com]On Behalf Of James R.
SelthSent: Tuesday, January 22, 2008 09:16To:
cdcbaa@yahoogroups.comSubject: RE: [cdcbaa] Means Test - Owned Cars
Hank, this may be of help to you, since it's something I wasn't
previously aware of:
In reviewing a UST Motion to Dismiss filed last month in Case No.
2:07-bk-18569-RN (not one of my cases), I noted that the UST Motion,
while arguing that the debtor wasn't allowed an ownership expense for a car he
had surrendered post-petition, also said that because the debtor's
other car was "more than six years old with mileage in excess if 75,000
miles . . . the debtor is entitled to a $200 additional operating expense, as
permitted by IRS standards."
I never knew about this additional allowed operating expense for older
cars. Did anyone?
Incidentally, in his tentative ruling, Judge Neiter disagreed with the
UST on the ownership allowance issue, siding with Judge Jury's In re
Wilkins opinion.
Jim
James R. Selth
Weintraub & Selth, APC
12424 Wilshire Blvd., Suite 1120
Los Angeles, CA 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT
OF
THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE,
DISSEMINATION,
DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE
NOTIFY
US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR
COOPERATION.
--- Original Message---
To:
Sent: 1/21/2008 6:20PM
Subject: [cdcbaa] Means Test - Owned Cars
>>
>> I have a client that wants to retain me for a 7. She owns a 10
year old car
>> and must do the means test. I used $200 for the ownership
expense and she
>> passed by a few dollars. At $0 she fails. We know from the latest case
>> that just came down (Chapter 13) we can take no ownership
expense unless the
>> car is being purchased or leased. I have in the past taken $200
and it was
>> fine.
>>
>> Do you think I can take the $200? What has the group been
doing?
>>
>> Hank
>>
>> PS: She simply cannot afford to fight this is challenged.
>>
>> Henry M. Toles, J.D., M.B.A.
>> Henry M. Toles, A Law Corporation
>> 11746 Goshen Avenue, No. 1
>> Los Angeles, California 90049-6113
>> Telephone: (310) 479-1400
>> Facsimile: (310) 575-0343
>> E-Mail: hmt@toles.org
>>
>> Member National Association of Consumer Bankruptcy Attorneys
(NACBA)
>>
>> 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, where appropriate, assisting them with the
filing
>> of petitions for relief under the United States Bankruptcy Code.
>>
>> This does not constitute an electronic signature.
>>
>> This message contains confiidential information which may also
be
>> privileged. Unless you are the intended recipient (or authorized
to receive
>> for the intended recipient) you may not copy, use or distribute
the
>> information contained in this message.
>>
>>
>>
The post was migrated from Yahoo.
Hank, this may be of help to you, since it's something I wasn't previously aware of:
In reviewing a UST Motion to Dismiss filed last month in Case No. 2:07-bk-18569-RN (not one of my cases), I noted that the UST Motion, while arguing that the debtor wasn't allowed an ownership expense for a car he had surrendered post-petition, also said that because the debtor's other car was "more than six years old with mileage in excess if 75,000 miles . . . the debtor is entitled to a $200 additional operating expense, as permitted by IRS standards."
I never knew about this additional allowed operating expense for older cars. Did anyone?
Incidentally, in his tentative ruling, Judge Neiter disagreed with the UST on the ownership allowance issue, siding with Judge Jury's In re Wilkins opinion.
Jim
James R. Selth
Weintraub & Selth, APC
12424 Wilshire Blvd., Suite 1120
Los Angeles, CA 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF
THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY
US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
To:
Sent: 1/21/2008 6:20PM
Subject: [cdcbaa] Means Test - Owned Cars
>>
>> I have a client that wants to retain me for a 7. She owns a 10 year old car
>> and must do the means test. I used $200 for the ownership expense and she
>> passed by a few dollars. At $0 she fails. We know from the latest case
>> that just came down (Chapter 13) we can take no ownership expense unless the
>> car is being purchased or leased. I have in the past taken $200 and it was
>> fine.
>>
>> Do you think I can take the $200? What has the group been doing?
>>
>> Hank
>>
>> PS: She simply cannot afford to fight this is challenged.
>>
>> Henry M. Toles, J.D., M.B.A.
>> Henry M. Toles, A Law Corporation
>> 11746 Goshen Avenue, No. 1
>> Los Angeles, California 90049-6113
>> Telephone: (310) 479-1400
>> Facsimile: (310) 575-0343
>> E-Mail: hmt@toles.org
>>
>> Member National Association of Consumer Bankruptcy Attorneys (NACBA)
>>
>> 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, where appropriate, assisting them with the filing
>> of petitions for relief under the United States Bankruptcy Code.
>>
>> This does not constitute an electronic signature.
>>
>> This message contains confiidential information which may also be
>> privileged. Unless you are the intended recipient (or authorized to receive
>> for the intended recipient) you may not copy, use or distribute the
>> information contained in this message.
>>
>>
>>
Hank, this may be of help to you, since it's something I wasn't previously aware of:
In reviewing a UST Motion to Dismiss filed last month in Case No. 2:07-bk-18569-RN (not one of my cases), I noted that the UST Motion, while arguing that the debtor wasn't allowed an ownership expense for a car he had surrendered post-petition, also said that because the debtor's other car was "more than six years old with mileage in excess if 75,000 miles . . . the debtor is entitled to a $200 additional operating expense, as permitted by IRS standards."
I never knew about this additional allowed operating expense for older cars. Did anyone?
Incidentally, in his tentative ruling, Judge Neiter disagreed with the UST on the ownership allowance issue, siding with Judge Jury's In re Wilkins opinion.
Jim
James R. Selth
Weintraub & Selth, APC
12424 Wilshire Blvd., Suite 1120
Los Angeles, CA 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF
THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY
US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
--- Original Message---
To:
Sent: 1/21/2008 6:20PM
Subject: [cdcbaa] Means Test - Owned Cars
>>
>> I have a client that wants to retain me for a 7. She owns a 10 year old car
>> and must do the means test. I used $200 for the ownership expense and she
>> passed by a few dollars. At $0 she fails. We know from the latest case
>> that just came down (Chapter 13) we can take no ownership expense unless the
>> car is being purchased or leased. I have in the past taken $200 and it was
>> fine.
>>
>> Do you think I can take the $200? What has the group been doing?
>>
>> Hank
>>
>> PS: She simply cannot afford to fight this is challenged.
>>
>> Henry M. Toles, J.D., M.B.A.
>> Henry M. Toles, A Law Corporation
>> 11746 Goshen Avenue, No. 1
>> Los Angeles, California 90049-6113
>> Telephone: (310) 479-1400
>> Facsimile: (310) 575-0343
>> E-Mail: hmt@toles.org
>>
>> Member National Association of Consumer Bankruptcy Attorneys (NACBA)
>>
>> 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, where appropriate, assisting them with the filing
>> of petitions for relief under the United States Bankruptcy Code.
>>
>> This does not constitute an electronic signature.
>>
>> This message contains confiidential information which may also be
>> privileged. Unless you are the intended recipient (or authorized to receive
>> for the intended recipient) you may not copy, use or distribute the
>> information contained in this message.
>>
>>
>>
The post was migrated from Yahoo.
Check out Ramson at page 17.
"Henry M. Toles" wrote:
I have a client that wants to retain me for a 7. She owns a 10 year old car
and must do the means test. I used $200 for the ownership expense and she
passed by a few dollars. At $0 she fails. We know from the latest case
that just came down (Chapter 13) we can take no ownership expense unless the
car is being purchased or leased. I have in the past taken $200 and it was
fine.
Do you think I can take the $200? What has the group been doing?
Hank
PS: She simply cannot afford to fight this is challenged.
Henry M. Toles, J.D., M.B.A.
Henry M. Toles, A Law Corporation
11746 Goshen Avenue, No. 1
Los Angeles, California 90049-6113
Telephone: (310) 479-1400
Facsimile: (310) 575-0343
E-Mail: hmt@toles.org
Member National Association of Consumer Bankruptcy Attorneys (NACBA)
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, where appropriate, assisting them with the filing
of petitions for relief under the United States Bankruptcy Code.
This does not constitute an electronic signature.
This message contains confiidential information which may also be
privileged. Unless you are the intended recipient (or authorized to receive
for the intended recipient) you may not copy, use or distribute the
information contained in this message.
Never miss a thing. Make Yahoo your homepage.
Check out Ramson at page 17."Henry M. Toles" <hmt@toles.org> wrote: I have a client that wants to retain me for a 7. She owns a 10 year old carand must do the means test. I used $200 for the ownership expense and shepassed by a few dollars. At $0 she fails. We know from the latest casethat just came down (Chapter 13) we can take no ownership expense unless thecar is being purchased or leased. I have in the past taken $200 and it wasfine.Do you think I can take the $200? What has the group been
doing?HankPS: She simply cannot afford to fight this is challenged.Henry M. Toles, J.D., M.B.A.Henry M. Toles, A Law Corporation11746 Goshen Avenue, No. 1Los Angeles, California 90049-6113Telephone: (310) 479-1400Facsimile: (310) 575-0343E-Mail: hmt@toles.orgMember National Association of Consumer Bankruptcy Attorneys (NACBA)We are a federally designated Debt Relief Agency under the United StatesBankruptcy Laws. We assist people with finding solutions to their debtproblems, including, where appropriate, assisting them with the filingof petitions for relief under the United States Bankruptcy Code.This does not constitute an electronic signature.This message contains confiidential information which may also beprivileged. Unless you are the intended recipient (or authorized to receivefor the intended recipient) you may not copy, use or
distribute theinformation contained in this message.
Never miss a thing. Make Yahoo your homepage.
The post was migrated from Yahoo.
Hank,
Even before BAPCPA, when it came to transportation-ownership expenses,
I would calculate what it would cost to maintain a car over a one year
period of time: brakes, tires, tune-ups, oil changes, repairs in
general, registration fees, etc., and pretty soon you realize that
$200 per month is more than reasonable, especially in Southern California.
>
>
> I have a client that wants to retain me for a 7. She owns a 10 year
old car
> and must do the means test. I used $200 for the ownership expense
and she
> passed by a few dollars. At $0 she fails. We know from the latest case
> that just came down (Chapter 13) we can take no ownership expense
unless the
> car is being purchased or leased. I have in the past taken $200 and
it was
> fine.
>
> Do you think I can take the $200? What has the group been doing?
>
> Hank
>
> PS: She simply cannot afford to fight this is challenged.
>
> Henry M. Toles, J.D., M.B.A.
> Henry M. Toles, A Law Corporation
> 11746 Goshen Avenue, No. 1
> Los Angeles, California 90049-6113
> Telephone: (310) 479-1400
> Facsimile: (310) 575-0343
> E-Mail: hmt@...
>
> Member National Association of Consumer Bankruptcy Attorneys (NACBA)
>
> 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, where appropriate, assisting them with the filing
> of petitions for relief under the United States Bankruptcy Code.
>
> This does not constitute an electronic signature.
>
> This message contains confiidential information which may also be
> privileged. Unless you are the intended recipient (or authorized to
receive
> for the intended recipient) you may not copy, use or distribute the
> information contained in this message.
>
The post was migrated from Yahoo.
Is she going to need a newer car in a couple years anyways? I HATE to
advice people to take on more debt, but a decent used car with a couple
years of low payments might be something she is going to need anyways?
On Jan 21, 2008 6:20 PM, Henry M. Toles wrote:
>
> I have a client that wants to retain me for a 7. She owns a 10 year old
> car
> and must do the means test. I used $200 for the ownership expense and she
> passed by a few dollars. At $0 she fails. We know from the latest case
> that just came down (Chapter 13) we can take no ownership expense unless
> the
> car is being purchased or leased. I have in the past taken $200 and it was
> fine.
>
> Do you think I can take the $200? What has the group been doing?
>
> Hank
>
> PS: She simply cannot afford to fight this is challenged.
>
> Henry M. Toles, J.D., M.B.A.
> Henry M. Toles, A Law Corporation
> 11746 Goshen Avenue, No. 1
> Los Angeles, California 90049-6113
> Telephone: (310) 479-1400
> Facsimile: (310) 575-0343
> E-Mail: hmt@toles.org
>
> Member National Association of Consumer Bankruptcy Attorneys (NACBA)
>
> 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, where appropriate, assisting them with the filing
> of petitions for relief under the United States Bankruptcy Code.
>
> This does not constitute an electronic signature.
>
> This message contains confiidential information which may also be
> privileged. Unless you are the intended recipient (or authorized to
> receive
> for the intended recipient) you may not copy, use or distribute the
> information contained in this message.
>
>
>
NEW ADDRESS!
Amy E. C. Kleinpeter
Law Offices of Amy E. Clark Kleinpeter
1489 E. Colorado Boulevard #206
Pasadena, CA 91106
www.amykleinpeter.com
I am required to disclose that The Law Offices of Amy E. Clark Kleinpeter is
a
Debt Relief Agency as defined by the United States Bankruptcy Act of 2005.
I
am a lawyer who proudly represents debtors in bankruptcy cases.
Is she going to need a newer car in a couple years anyways? I HATE to advice people to take on more debt, but a decent used car with a couple years of low payments might be something she is going to need anyways?-- Amy Kleinpeter
On Jan 21, 2008 6:20 PM, Henry M. Toles <hmt@toles.org> wrote:
I have a client that wants to retain me for a 7. She owns a 10 year old car
and must do the means test. I used $200 for the ownership expense and she
passed by a few dollars. At $0 she fails. We know from the latest case
that just came down (Chapter 13) we can take no ownership expense unless the
car is being purchased or leased. I have in the past taken $200 and it was
fine.
Do you think I can take the $200? What has the group been doing?
Hank
PS: She simply cannot afford to fight this is challenged.
Henry M. Toles, J.D., M.B.A.
Henry M. Toles, A Law Corporation
11746 Goshen Avenue, No. 1
Los Angeles, California 90049-6113
Telephone: (310) 479-1400
Facsimile: (310) 575-0343
E-Mail: hmt@toles.org
Member National Association of Consumer Bankruptcy Attorneys (NACBA)
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, where appropriate, assisting them with the filing
of petitions for relief under the United States Bankruptcy Code.
This does not constitute an electronic signature.
This message contains confiidential information which may also be
privileged. Unless you are the intended recipient (or authorized to receive
for the intended recipient) you may not copy, use or distribute the
information contained in this message.
-- NEW ADDRESS!Amy E. C. KleinpeterLaw Offices of Amy E. Clark Kleinpeter1489 E. Colorado Boulevard #206Pasadena, CA 91106
www.amykleinpeter.comI am required to disclose that The Law Offices of Amy E. Clark Kleinpeter is aDebt Relief Agency as defined by the United States Bankruptcy Act of 2005. Iam a lawyer who proudly represents debtors in bankruptcy cases.
The post was migrated from Yahoo.
I have a client that wants to retain me for a 7. She owns a 10 year old car
and must do the means test. I used $200 for the ownership expense and she
passed by a few dollars. At $0 she fails. We know from the latest case
that just came down (Chapter 13) we can take no ownership expense unless the
car is being purchased or leased. I have in the past taken $200 and it was
fine.
Do you think I can take the $200? What has the group been doing?
Hank
PS: She simply cannot afford to fight this is challenged.
Henry M. Toles, J.D., M.B.A.
Henry M. Toles, A Law Corporation
11746 Goshen Avenue, No. 1
Los Angeles, California 90049-6113
Telephone: (310) 479-1400
Facsimile: (310) 575-0343
E-Mail: hmt@toles.org
Member National Association of Consumer Bankruptcy Attorneys (NACBA)
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, where appropriate, assisting them with the filing
of petitions for relief under the United States Bankruptcy Code.
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