.jpg)
Am I reading 11 USC 101(10A) Correctly?
Goodobservation.The word "includes"couldmean "includes but is not limited
to" in this context, as theUST apparently believes; this is essentiallyhow I
treat SoFA #2.
I think we all agree that it is always best to wait out the blips inCMI,
whenever possible.
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
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________________________________
To: "cdcbaa@yahoogroups.com"
Cc: Nicholas Gebelt
Sent: Fri, July 16, 2010 1:09:02 PM
Subject: RE: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
Dear Peter,
Permit me to take a contrarian view for just a moment.
The wording of 101(10A)(B) can be read as saying that the only income excluded
from CMI is social security benefits, victims of crimes benefits, etc.that CMI includes any amount paid by any entity other than the debtor . . . on
a regular basis is not necessarily meant to be read as excluding one-time gifts
from CMI. Instead, it serves to emphasize the fact that the word used in 101(10A)(A) should not be restricted to just what the debtor earns
through employment or operation of a business, but must also include money the
debtor receives from the largesse of someone else. This is a defensible reading
of the text, and I could imagine a judge accepting it. Thus, while I would, of
course, still vigorously defend my client against a 707(b)(2) motion that was
based on the claim that a one-time gift should be included in CMI, it is not
clear to me that your position would be guaranteed to win.
You may recall that a few months ago at a cdcbaa meeting, Ken Lau said that the
US Trustees position was that one-time gifts are to be included in CMI. I took
that to mean that while they might take no action in a close case, they would
file a 707(b)(2) motion if the gift was large enough to make a realdifference. Therefore, if at all possible, I would rather age the income for a
while and avoid the problem altogether, than have to explain to my client that I
need extra fees to defend against the motion.
All the best,
Nick
Nicholas Gebelt, Ph.D., J.D.
Law Offices of Nicholas Gebelt
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From:cdcbaa@yahoogroups. com [mailto:cdcbaa@ yahoogroups. com] On Behalf Of P L
Sent: Friday, July 16, 2010 8:57 AM
To: cdcbaa@yahoogroups. com
Subject: Re: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
Lanning instructsthat the court can adjustPDI by foreseeable changes in
income/expenses. The one time cash gift is historic and not CMI, since not
regular. However, if it was the first of many to be receivedregularly in the
future, then Lanning could be applicable to adust CMI higher.
Peter M. Lively, JD/MBA
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
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________________________________
The post was migrated from Yahoo.
When we the UST reps were at our CLE a few months back, they indicated that
these should be listed in the means test and then explained in the box in J
and in the special circumstances box. Examples were annual bonuses that
fall in the six months. This help comes in the same category. When a UST
analyst calls or emails, just explain and they will not pursue motion.
It is important to remember that "failure" of the means test only creates a
rebuttable presumption.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green, Esq.
Fitzgerald & Green
Attorneys at Law
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
I've actually had this gift as income argument with a Chapter 7 trustee, who
believes that the word "income" in SOFA should not be interpreted the way
tax law does. He believes it should be read expansively and all income
disclosed. We agreed to disagree. I haven't done the research as to
whether anybody out there has litigated this; however, as always, when in
doubt, I choose to disclose and explain the character of the income as
suggested in this thread. I still don't count it in the means test though.
On Fri, Jul 16, 2010 at 9:57 AM, P L wrote:
> Lanning instructs that the court can adjust PDI by foreseeable changes in
> income/expenses. The one time cash gift is historic and not CMI, since not
> regular. However, if it was the first of many to be received regularly in
> the future, then Lanning could be applicable to adust CMI higher.
>
> Peter M. Lively, JD/MBA
> 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.
>
>
> ------------------------------
> *From:* Shannon Doyle
> *To:* cdcbaa@yahoogroups.com
> *Sent:* Fri, July 16, 2010 9:51:02 AM
> *Subject:* RE: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
>
>
>
> Wouldnt this be a special circumstances argument under Lanning (i.e.
> disclose in MT and make the one-time payment argument).
>
>
>
> Shannon A. Doyle
>
> Attorney at Law
>
> 100 N. Barranca Avenue, Suite 250
>
> West Covina, CA 91791-1600
>
> Tel: (626) 646-2555
>
> Fax: (626) 332-8644
>
> www.blclaw.com
>
> [image: BC]
>
>
>
> *From:* cdcbaa@yahoogroups. com [mailto:cdcbaa@ yahoogroups. com] *On
> Behalf Of *Kenneth Jay Schwartz
> *Sent:* Friday, July 16, 2010 9:29 AM
> *To:* cdcbaa@yahoogroups. com
> *Subject:* Re: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
>
>
>
>
>
> I believe in over as opposed to under disclosing, but I do not think that
> disclosure a one time gift belongs on Question 2 of the SOFa as it is not
> income in any way, shape, or form.
>
>
> Kenneth Jay Schwartz, Esq.
> LAW OFFICE OF KENNETH JAY SCHWARTZ
> 21031 Ventura Boulevard, 12th Floor
> Woodland Hills, California 91364-2203
> Telephone: (818) 226-1205
> Facsimile: (818) 226-1213
>
>
> THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE
> PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE.
> THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS
> PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE
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> COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY. THANK YOU.
>
>
>
>
> ------------------------------
>
> *From:* P L
> *To:* cdcbaa@yahoogroups. com
> *Sent:* Fri, July 16, 2010 8:55:00 AM
> *Subject:* Re: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
>
>
>
> Donny's question was posed in the negative, so when I answered "yes" that
> meant that I agree the one time cash gift is not on a regular basis. SFA
> disclosure/explanat ion is still suggested.
>
>
> Peter M. Lively, JD/MBA
> 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.
>
>
>
>
> ------------------------------
>
> *From:* vicki temkin
> *To:* cdcbaa@yahoogroups. com
> *Sent:* Thu, July 15, 2010 7:31:27 PM
> *Subject:* Re: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
>
>
>
> Peter,
> I am not questioning your answer here, but please give me an explanation
> how a one-time gift fits the definition of 11 USC 101(10A) - ..."on a
> regular basis".
> Thanks,
> Vicki
>
> Vicki L. Temkin
>
> Law Office of Vicki L. Temkin
>
> 15030 Ventura Blvd., Ste. 19-780
>
> Sherman Oaks, Ca 91403
>
> Ph: (818) 501-4658 / Fx: (818) 501-0903
>
>
>
> --- On *Thu, 7/15/10, P L * wrote:
>
>
> Subject: Re: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
> To: cdcbaa@yahoogroups. com
> Date: Thursday, July 15, 2010, 11:00 AM
>
>
>
> yes, but you may want to disclosure the gift in SFA #2 with a note that
> debtor takes the position you just articulated.
>
>
> Peter M. Lively, JD/MBA
> 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.
>
>
>
>
> ------------------------------
>
> *From:* Donny
> *To:* cdcbaa@yahoogroups. com
> *Sent:* Thu, July 15, 2010 10:26:30 AM
> *Subject:* [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
>
>
>
> An under-median client of mine just told me that his church gave him some
> cash to help him out. This cash gift happens to be during the CMI period,
> and if included as CMI, will cause him to become above-median - and with a
> presumption of abuse.
>
> Since 11 USC 101(10A) defines income to include "any amount paid by any
> entity other than the debtor [...] on a regular basis for the household
> expenses of the debtor or the debtor's dependents [...]"
>
> does that mean that a one-time cash gift, which is NOT paid on a regular
> basis, does NOT have to be included as CMI?
>
> Thanks,
>
> Donny Brand
> Brand | Burris
> 3836 E Anaheim St
> Long Beach, CA 90804
> Tel: 562-438-7500
> Fax: 562-438-8500
> dbrand@brandburris. com
>
>
>
>
>
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
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I've actually had this gift as income argument with a Chapter 7 trustee, who believes that the word "income" in SOFA should not be interpreted the way tax law does. He believes it should be read expansively and all income disclosed. We agreed to disagree. I haven't done the research as to whether anybody out there has litigated this; however, as always, when in doubt, I choose to disclose and explain the character of the income as suggested in this thread. I still don't count it in the means test though.
On Fri, Jul 16, 2010 at 9:57 AM, P L <petermlively2000@yahoo.com> wrote:
Lanning instructsthat the court can adjustPDI by foreseeable changes in income/expenses. The one time cash gift is historic and not CMI, since not regular. However, if it was the first of many to be receivedigher.
rsonal 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: Shannon Doyle <sdoyle@blclaw.com>To: cdcbaa@yahoogroups.com
Sent: Fri, July 16, 2010 9:51:02 AMSubject: RE: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
Wouldnin MT and make the one-time payment argument).
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com
From: cdcbaa@yahoogroups. com [mailto:cdcbaa@ yahoogroups. com] On Behalf Of Kenneth Jay Schwartz
Sent: Friday, July 16, 2010 9:29 AMTo: cdcbaa@yahoogroups. comSubject: Re: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
I believe in over as opposed to under disclosing, but I do not think that disclosure a one time gift belongs on Question 2 of the SOFa as it is not income in any way, shape, or form.
Kenneth Jay Schwartz, Esq.LAW OFFICE OF KENNETH JAY SCHWARTZ21031 Ventura Boulevard, 12th FloorWoodland Hills, California 91364-2203Telephone: (818) 226-1205Facsimile: (818) 226-1213
THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY. THANK YOU.
From: P L <petermlively2000@ yahoo.com>To: cdcbaa@yahoogroups. com
Sent: Fri, July 16, 2010 8:55:00 AMSubject: Re: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
Donny's question was posed in the negative, so when Ianswered "yes" that meantthatI agree theone time cash giftisnot on a regularbasis.SFA disclosure/explanat ion is still suggested.
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: vicki temkin <Vtemkin@yahoo. com>To: cdcbaa@yahoogroups. comSent: Thu, July 15, 2010 7:31:27 PM
Subject: Re: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
Peter,I am not questioning your answer here, but please give me an explanation how a one-time gift fits the definition of 11 USC 101(10A) - ..."on a regular basis".Thanks,Vicki
Vicki L. Temkin
Law Office of Vicki L. Temkin
15030 Ventura Blvd., Ste. 19-780
Sherman Oaks, Ca 91403
Ph:(818) 501-4658 /Fx:(818) 501-0903
--- On Thu, 7/15/10, P L <petermlively2000@ yahoo.com> wrote:
//yahoo.com" target"_blank">yahoo.com>Subject: Re: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?To: cdcbaa@yahoogroups. comDate: Thursday, July 15, 2010, 11:00 AM
yes, butyou may want to disclosurethegift in SFA #2witha note that debtor takes the position you just articulated.
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: Donny <dbrand@brandburris. com>To: cdcbaa@yahoogroups. comSent: Thu, July 15, 2010 10:26:30 AM
Subject: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
An under-median client of mine just told me that his church gave him some cash to help him out. This cash gift happens to be during the CMI period, and if included as CMI, will cause him to become above-median - and with a presumption of abuse.
Since 11 USC 101(10A) defines income to include "any amount paid by any entity other than the debtor [...] on a regular basis for the household expenses of the debtor or the debtor's dependents [...]"
does that mean that a one-time cash gift, which is NOT paid on a regular basis, does NOT have to be included as CMI?Thanks, Donny BrandBrand | Burris3836 E Anaheim StLong Beach, CA 90804
Tel: 562-438-7500Fax: 562-438-8500dbrand@brandburris. com
The post was migrated from Yahoo.
Lanning instructsthat the court can adjustPDI by foreseeable changes in
income/expenses. The one time cash gift is historic and not CMI, since not
regular. However, if it was the first of many to be receivedregularly in the
future, then Lanning could be applicable to adust CMI higher.
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@yahoogroups.com
Sent: Fri, July 16, 2010 9:51:02 AM
Subject: RE: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
Wouldnt this be a special circumstances argument under Lanning (i.e. disclose
in MT and make the one-time payment argument).
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com
From:cdcbaa@yahoogroups. com [mailto:cdcbaa@ yahoogroups. com] On Behalf OfKenneth Jay Schwartz
Sent: Friday, July 16, 2010 9:29 AM
To: cdcbaa@yahoogroups. com
Subject: Re: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
I believe in over as opposed to under disclosing, but I do not think that
disclosure a one time gift belongs on Question 2 of the SOFa as it is not income
in any way, shape, or form.
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, 12th Floor
Woodland Hills, California 91364-2203
Telephone: (818) 226-1205
Facsimile: (818) 226-1213
THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND
CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY BE
AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND CONFIDENTIAL.
IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT
RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY
NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW,DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED.
IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY.
THANK YOU.
________________________________
The post was migrated from Yahoo.
I believe in over as opposed to under disclosing, but I do not think that
disclosure a one time gift belongs on Question 2 of the SOFa as it is not income
in any way, shape, or form.
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, 12th Floor
Woodland Hills, California 91364-2203
Telephone: (818) 226-1205
Facsimile: (818) 226-1213
THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND
CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY
BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND
CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN
AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY
NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW,DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED.
IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY.
THANK YOU.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Fri, July 16, 2010 8:55:00 AM
Subject: Re: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
Donny's question was posed in the negative, so when I answered "yes" that
meant that I agree the one time cash gift is not on a regular basis. SFA
disclosure/explanat ion is still suggested.
Peter M. Lively, JD/MBA
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@yahoogroups. com
Sent: Thu, July 15, 2010 7:31:27 PM
Subject: Re: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
Peter,
I am not questioning your answer here, but please give me an explanation how a
one-time gift fits the definition of 11 USC 101(10A) - ..."on a regular basis".
Thanks,
Vicki
Vicki L. Temkin
Law Office of Vicki L. Temkin
15030 Ventura Blvd., Ste. 19-780
Sherman Oaks, Ca 91403
Ph: (818) 501-4658 / Fx: (818) 501-0903
>Subject: Re: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
>To: cdcbaa@yahoogroups. com
>Date: Thursday, July 15, 2010, 11:00 AM
>
>
>
>yes, but you may want to disclosure the gift in SFA #2 with a note that debtor
>takes the position you just articulated.
> Peter M. Lively, JD/MBA
>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@yahoogroups. com
>Sent: Thu, July 15, 2010 10:26:30 AM
>Subject: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
>
>
>An under-median client of mine just told me that his church gave him some cash
>to help him out. This cash gift happens to be during the CMI period, and if
>included as CMI, will cause him to become above-median - and with a presumption
>of abuse.
>
>
>Since 11 USC 101(10A) defines income to include "any amount paid by any entity
>other than the debtor [...] on a regular basis for the household expenses of the
>debtor or the debtor's dependents [...]"
>
>does that mean that a one-time cash gift, which is NOT paid on a regular basis,
>does NOT have to be included as CMI?
>
>Thanks,
>
>Donny Brand
>Brand | Burris
>3836 E Anaheim St
>Long Beach, CA 90804
>Tel: 562-438-7500
>Fax: 562-438-8500
>dbrand@brandburris. com
>
>
>
I believe in over as opposed to under disclosing, but I do not think that disclosure a one time gift belongs on Question 2 of the SOFa as it is not income in any way, shape, or form. Kenneth Jay Schwartz, Esq.LAW OFFICE OF KENNETH JAY SCHWARTZ21031 Ventura Boulevard, 12th FloorWoodland Hills, California 91364-2203Telephone: (818) 226-1205Facsimile: (818) 226-1213THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU
ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY. THANK YOU.From: P L <petermlively2000@yahoo.com>To: cdcbaa@yahoogroups.comSent: Fri, July 16, 2010 8:55:00 AMSubject: Re: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
Donny's question was posed in the negative, so when I answered "yes" that meant that I agree the one time cash gift is not on a regular basis. SFA disclosure/explanat ion is still suggested. 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: vicki temkin <Vtemkin@yahoo. com>To: cdcbaa@yahoogroups. comSent: Thu, July 15, 2010 7:31:27 PMSubject: Re: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
Peter,I am not questioning your answer here, but please give me an explanation how a one-time gift fits the definition of 11 USC 101(10A) - ..."on a regular basis".Thanks,Vicki
Vicki L. Temkin
Law Office of Vicki L. Temkin
15030 Ventura Blvd., Ste. 19-780
Sherman Oaks, Ca 91403
Ph: (818) 501-4658 / Fx: (818) 501-0903--- On Thu, 7/15/10, P L <petermlively2000@ yahoo.com> wrote:
lt;petermlively2000@ yahoo.com>Subject: Re: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?To: cdcbaa@yahoogroups. comDate: Thursday, July 15, 2010, 11:00 AM
yes, but you may want to disclosure the gift in SFA #2 with a note that debtor takes the position you just articulated. 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: Donny <dbrand@brandburris. com>To: cdcbaa@yahoogroups. comSent: Thu, July 15, 2010 10:26:30 AMSubject: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
An under-median client of mine just told me that his church gave him some cash to help him out. This cash gift happens to be during the CMI period, and if included as CMI, will cause him to become above-median - and with a presumption of abuse. Since 11 USC 101(10A) defines income to include "any amount paid by any entity other than the debtor [...] on a regular basis for the household expenses of the debtor or the debtor's dependents [...]"does that mean that a one-time cash gift, which is NOT paid on a regular basis, does NOT have to be included as CMI?Thanks, Donny BrandBrand | Burris3836 E Anaheim StLong Beach, CA 90804Tel: 562-438-7500Fax: 562-438-8500dbrand@brandburris. com
The post was migrated from Yahoo.
Donny's question was posed in the negative, so when Ianswered "yes" that
meantthatI agree theone time cash giftisnot on a regularbasis.SFA
disclosure/explanation is still suggested.
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@yahoogroups.com
Sent: Thu, July 15, 2010 7:31:27 PM
Subject: Re: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
Peter,
I am not questioning your answer here, but please give me an explanation how a
one-time gift fits the definition of 11 USC 101(10A) - ..."on a regular basis".
Thanks,
Vicki
Vicki L. Temkin
Law Office of Vicki L. Temkin
15030 Ventura Blvd., Ste. 19-780
Sherman Oaks, Ca 91403
Ph:(818) 501-4658 /Fx:(818) 501-0903
>Subject: Re: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
>To: cdcbaa@yahoogroups. com
>Date: Thursday, July 15, 2010, 11:00 AM
>
>
>
>yes, butyou may want to disclosurethegift in SFA #2>takes the position you just articulated.
>Peter M. Lively, JD/MBA
>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@yahoogroups. com
>Sent: Thu, July 15, 2010 10:26:30 AM
>Subject: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
>
>
>An under-median client of mine just told me that his church gave him some cash
>to help him out. This cash gift happens to be during the CMI period, and if
>included as CMI, will cause him to become above-median - and with a presumption
>of abuse.
>
>
>Since 11 USC 101(10A) defines income to include "any amount paid by any entity
>other than the debtor [...] on a regular basis for the household expenses of the
>debtor or the debtor's dependents [...]"
>
>does that mean that a one-time cash gift, which is NOT paid on a regular basis,
>does NOT have to be included as CMI?
>
>Thanks,
>
>Donny Brand
>Brand | Burris
>3836 E Anaheim St
>Long Beach, CA 90804
>Tel: 562-438-7500
>Fax: 562-438-8500
>dbrand@brandburris. com
>
>
>
Donny's question was posed in the negative, so when I answered "yes" that meant that I agree the one time cash gift is not on a regular basis. SFA disclosure/explanation is still suggested. 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: vicki temkin <Vtemkin@yahoo.com>To: cdcbaa@yahoogroups.comSent: Thu, July 15, 2010 7:31:27 PMSubject: Re: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
Peter,I am not questioning your answer here, but please give me an explanation how a one-time gift fits the definition of 11 USC 101(10A) - ..."on a regular basis".Thanks,Vicki
Vicki L. Temkin
Law Office of Vicki L. Temkin
15030 Ventura Blvd., Ste. 19-780
Sherman Oaks, Ca 91403
Ph: (818) 501-4658 / Fx: (818) 501-0903--- On Thu, 7/15/10, P L <petermlively2000@ yahoo.com> wrote:
lt;petermlively2000@ yahoo.com>Subject: Re: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?To: cdcbaa@yahoogroups. comDate: Thursday, July 15, 2010, 11:00 AM
yes, but you may want to disclosure the gift in SFA #2 with a note that debtor takes the position you just articulated. 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: Donny <dbrand@brandburris. com>To: cdcbaa@yahoogroups. comSent: Thu, July 15, 2010 10:26:30 AMSubject: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
An under-median client of mine just told me that his church gave him some cash to help him out. This cash gift happens to be during the CMI period, and if included as CMI, will cause him to become above-median - and with a presumption of abuse. Since 11 USC 101(10A) defines income to include "any amount paid by any entity other than the debtor [...] on a regular basis for the household expenses of the debtor or the debtor's dependents [...]"does that mean that a one-time cash gift, which is NOT paid on a regular basis, does NOT have to be included as CMI?Thanks, Donny BrandBrand | Burris3836 E Anaheim StLong Beach, CA 90804Tel: 562-438-7500Fax: 562-438-8500dbrand@brandburris. com
The post was migrated from Yahoo.
Peter,
I am not questioning your answer here, but please give me an explanation how a one-time gift fits the definition of 11 USC 101(10A) - ..."on a regular basis".
Thanks,
Vicki
Vicki L. Temkin Law Office of Vicki L. Temkin 15030 Ventura Blvd., Ste. 19-780 Sherman Oaks, Ca 91403
The post was migrated from Yahoo.
yes, butyou may want to disclosurethegift in SFA #2witha note that debtor
takes the position you just articulated.
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@yahoogroups.com
Sent: Thu, July 15, 2010 10:26:30 AM
Subject: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
An under-median client of mine just told me that his church gave him some cash
to help him out. This cash gift happens to be during the CMI period, and ifincluded as CMI, will cause him to become above-median - and with a presumption
of abuse.
Since 11 USC 101(10A) defines income to include "any amount paid by any entity
other than the debtor [...] on a regular basis for the household expenses of the
debtor or the debtor's dependents [...]"
does that mean that a one-time cash gift, which is NOT paid on a regular basis,
does NOT have to be included as CMI?
Thanks,
Donny Brand
Brand | Burris
3836 E Anaheim St
Long Beach, CA 90804
Tel: 562-438-7500
Fax: 562-438-8500
dbrand@brandburris.com
yes, but you may want to disclosure the gift in SFA #2 with a note that debtor takes the position you just articulated. 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: Donny <dbrand@brandburris.com>To: cdcbaa@yahoogroups.comSent: Thu, July 15, 2010 10:26:30 AMSubject: [cdcbaa] Am I reading 11 USC 101(10A) Correctly?
An under-median client of mine just told me that his church gave him some cash to help him out. This cash gift happens to be during the CMI period, and if included as CMI, will cause him to become above-median - and with a presumption of abuse. Since 11 USC 101(10A) defines income to include "any amount paid by any entity other than the debtor [...] on a regular basis for the household expenses of the debtor or the debtor's dependents [...]"does that mean that a one-time cash gift, which is NOT paid on a regular basis, does NOT have to be included as CMI?Thanks, Donny BrandBrand | Burris3836 E Anaheim StLong Beach, CA 90804Tel: 562-438-7500Fax: 562-438-8500
The post was migrated from Yahoo.