using SSA income in 707(b)

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Looking for a quality?Bankruptcy Atty that works out of Long Beach.? I have a referral?for him/her for an individual that resides in Long Beach.? I am over-booked at the moment.
Keith Higginbotham
To: cdcbaa@yahoogroups.com
Sent: Wed, 28 May 2008 11:08 am
Subject: RE: [cdcbaa] using SSA income in 707(b)
I have filed several cases with large surpluses ($1,000+) that were due to SS income.? Nothing has happened all received discharges.
?
Also, Tara Twomey, the Amicus Director of NACBA, told me they would love to fight this issue if the UST tries to go after a case due to surplus income on Schedule I that is due to SS income.
?
M. Erik Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
www.blclaw.com
Office: (626) 332-8600
Fax: (626) 332-8644
Board Certified in Consumer Bankruptcy
American Board of Certification

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I have filed several cases with large surpluses ($1,000+) that were due
to SS income. Nothing has happened all received discharges.
Also, Tara Twomey, the Amicus Director of NACBA, told me they would love
to fight this issue if the UST tries to go after a case due to surplus
income on Schedule I that is due to SS income.
M. Erik Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
www.blclaw.com
Office: (626) 332-8600
Fax: (626) 332-8644
Board Certified in Consumer Bankruptcy
American Board of Certification
________________________________

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At our meeting recently that Jill Sturtevant spoke, I believe she said that the USTO ignores social security income BOTH on the means test (no surprise there) AND on Schedules "I" and "J". Is that everyone's understanding, or had I not had enough coffee yet? Has anyone tested this theory yet?
I have a case with an elderly woman who is still working. If we include all her income, she has a $1,000 monthly surplus, more than enough to pay off 100% of her debts. However, if we exclude the social security income, she has a deficit on I&J. Can I file a chapter 7 without fear of a 707b motion?
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Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
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(818)509-1173 (818)509-1460 (fax)
Toll Free: 1-866-576-6275
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency
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NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communicat
At our meeting recently that Jill Sturtevant spoke,
I believe she said that the USTO ignores social security income BOTH on themeans test (no surprise there) AND on Schedules "I" and "J". Is that
everyone's understanding, or had I not had enough coffee yet? Has
anyone tested this theory yet?

I have a case with an elderly woman who is still
working. If we include all her income, she has a $1,000 monthly surplus,
more than enough to pay off 100% of her debts. However, if we
exclude the social security income, she has a deficit on I&J.
Can I file a chapter 7 without fear of a 707b motion?

______________________Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA91604-2652(818)509-1173 (818)509-1460 (fax)Toll Free:
1-866-576-6275web: http://www.bklaw.com/This Firm is aQualified Federal Debt Relief Agency___________NOTICE: This Electronic
Message contains information from the law office of Mark J. Markus that may be
privileged. The information is intended for the use of the addresseeonly. If you are not the addressee, note that any disclosure, copy,
distribution or use of the contents of this message is prohibited.IRS
CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS,
we inform you that any U.S. tax advice contained in this communication (or in
any attachment) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or
matter addressed in this communicat

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