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Chapter 13 client just got laid off
See LA13-30086-NB for sample which has P&As for hardship discharge including benefit of 506 lien strip.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Tuesday, March 6, 2018, 12:06:33 PM PST, Joel Feinstein jmf@joelfeinsteinlaw.com [cdcbaa] wrote:
I read this suggestion for filing a motion for a hardship discharge and wondering whether anyone has a sample of this type of motion? Also, in my client's case, she filed for and received a lien strip on a junior lien. Any thoughts on whether this type of hardship discharge would negatively affect the lien strip? Thank you!
Joel Feinstein
On Mon, Mar 5, 2018 at 1:49 PM, 'Peter M. Lively' petermlively2000@yahoo.com [cdcbaa] wrote:
Consider a motion for hardship discharge in the chapter 13. Otherwise, wait until the pre-conversion date chapter 7 means test does not give rise to a presumption of abuse. I haven't had any trouble with debtors becoming eligible for chapter 7 using a conversion date means test where the pre-petition chapter 13 means test would have resulted in a presumption of abuse.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Monday, March 5, 2018, 1:14:14 PM PST, John Faucher j.d.faucher@sbcglobal.net [cdcbaa] wrote:
Does he meet the means test? The means test period is the six calendar months prior to the chapter 13 petition, not the six calendar months prior to conversion.- John D. Faucher
dcbaa@yahoogroups.com>
To: cdcbaa@yahoogroups.com
Sent: Monday, March 5, 2018 1:10 PM
Subject: [cdcbaa] Chapter 13 client just got laid off
aid off. He has no prospects for another job. Is it best to just file the conversion to a Chapter 7 now, or so I need to wait a certain period of time? Desiree Causey, Esq.Law Office of Desiree Causey7755 Center Avenue, Suite 1100Huntington Beach, CA 92647714-372-2225 (phone)714-908-7646 (same fax number)Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
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Joel M. Feinstein| Attorney at LawLAW OFFICES OF JOEL M. FEINSTEIN, APC. 16155 Sierra Lakes Parkway, Suite 160-424, Fontana, CA 92336
(949) 419-8920 - Office | Facsimile - (888) 523-8013
jmf@joelfeinsteinlaw.com
Bankruptcy | Real Estate Law| Litigation| Personal InjuryCalifornia State Bar No.: 177546California Real Estate Broker License No.: 01073369Member - Central District Consumer Bankruptcy Attorney Association (CDCBAA)San Bernardino County Bar AssociationAcademy of VA Pension Planners
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The post was migrated from Yahoo.
I read this suggestion for filing a motion for a hardship discharge and
wondering whether anyone has a sample of this type of motion? Also, in my
client's case, she filed for and received a lien strip on a junior lien.
Any thoughts on whether this type of hardship discharge would negatively
affect the lien strip? Thank you!
Joel Feinstein
On Mon, Mar 5, 2018 at 1:49 PM, 'Peter M. Lively' petermlively2000@yahoo.com
[cdcbaa] wrote:
>
>
> Consider a motion for hardship discharge in the chapter 13. Otherwise,
> wait until the pre-conversion date chapter 7 means test does not give rise
> to a presumption of abuse. I haven't had any trouble with debtors becoming
> eligible for chapter 7 using a conversion date means test where the
> pre-petition chapter 13 means test would have resulted in a presumption of
> abuse.
>
> Peter M. Lively, J.D., M.B.A.
> Law Office of Peter M. Lively * Personal Financial Law Center I
> 11268 Washington Boulevard, Suite 203, Culver City, California 90230
>
> -4647
> Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax: (310)
> 391-2462
>
>
> On Monday, March 5, 2018, 1:14:14 PM PST, John Faucher
> j.d.faucher@sbcglobal.net [cdcbaa] wrote:
>
>
>
>
> Does he meet the means test? The means test period is the six calendar
> months prior to the chapter 13 petition, not the six calendar months prior
> to conversion.
> - John D. Faucher
>
>
> ------------------------------
> *From:* "'Desiree Causey 714-372-2225 '
> causeylaw@gmail.com [cdcbaa]"
> *To:* cdcbaa@yahoogroups.com
> *Sent:* Monday, March 5, 2018 1:10 PM
> *Subject:* [cdcbaa] Chapter 13 client just got laid off
>
>
> My Chapter 13 client in a confirmed plan just let me know he was laid
> off. He has no prospects for another job. Is it best to just file the
> conversion to a Chapter 7 now, or so I need to wait a certain period of
> time?
>
> Desiree Causey, Esq.
> Law Office of Desiree Causey
> 7755 Center Avenue, Suite 1100
>
> Huntington Beach, CA
>
> 92647
>
>
> 714-372-2225 (phone)
> 714-908-7646 (same fax number)
>
> Privileged And Confidential Communication.
> This electronic transmission, and any documents attached hereto, (a) are
> protected by the Electronic Communications Privacy Act (18 USC > 2510-2521), (b) may contain confidential and/or legally privileged
> information, and (c) are for the sole use of the intended recipient named
> above. If you have received this electronic message in error, please notify
> the sender and delete the electronic message. Any disclosure, copying,
> distribution, or use of the contents of the information received in error
> is strictly prohibited.
>
> Please consider the environment before printing this e-mail.
>
>
>
>
>
*Joel M. Feinstein* | Attorney at Law
LAW OFFICES OF JOEL M. FEINSTEIN, APC.
16155 Sierra Lakes Parkway, Suite 160-424, Fontana, CA 92336
(949) 419-8920 - Office | Facsimile - (888) 523-8013
jmf@joelfeinsteinlaw.com
*Bankruptcy | Real Estate Law **| Litigation **| Personal Injury*
*California State Bar No.: 177546*
*California Real Estate Broker License No.: 01073369*
*Member - Central District Consumer Bankruptcy Attorney Association
(CDCBAA)*
*San Bernardino County Bar Association*
*Academy of VA Pension Planners*
NOTICE OF NO RELIANCE, CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This
mail, fax or e-mail will be of no force or effect and will not be binding
unless a hard copy of this, signed by an authorized official of the
sender's entity, has been sent to the recipient of this message.
Information contained in this transmission is intended for the use of the
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confidential information. If the reader of this message is not the intended
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this communication in error, please permanently delete or destroy this
message and immediately notify us by telephone.
I read this suggestion for filing a motion for a hardship discharge and wondering whether anyone has a sample of this type of motion? Also, in my client's case, she filed for and received a lien strip on a junior lien. Any thoughts on whether this type of hardship discharge would negatively affect the lien strip? Thank you!Joel Feinstein
The post was migrated from Yahoo.
There's no reason to wait to convert. Waiting only increases chance of a
Trustee's Motion to Dismiss.
Converting now should be successful because:
_Theory_: The debtor's duties in 521(a)(1)(B)(ii) don't spell out a time
when the B22 must be filed. However, other elsewhere in the Code says
Means Test is required at time of /filing/. 11 USC 101 10A(A)(i) states
it includes income from the last day of the calendar month immediately
preceding the date of the /commencement of the case/. (emphasis added).
The filing of the case commences it. Converting only perpetuates it. The
UST Trustee position is that this also means upon conversion, but last
time I researched this, there was no caselaw to support that.
But you don't need to fight this unless you must because...
_Practical_: However, you can avoid a battle on this by submitting an
updated B22 including higher income, with the presumption of abuse
arising. But presumptions are meant to be rebutted, and if the
presumption of abuse applies, a separation letter, document about the
layoff, "final paycheck" etc will rebut the presumption, assuming the
current income would otherwise qualify for Chapter 7.
So there's no reason to delay to file your Motion to Convert, but
waiting can have consequences if the case gets dismissed.
Hale
On 3/5/2018 1:49 PM, 'Peter M. Lively' petermlively2000@yahoo.com
[cdcbaa] wrote:
> Consider a motion for hardship discharge in the chapter 13. Otherwise,
> wait until the pre-conversion date chapter 7 means test does not give
> rise to a presumption of abuse. I haven't had any trouble with debtors
> becoming eligible for chapter 7 using a conversion date means test
> where the pre-petition chapter 13 means test would have resulted in a
> presumption of abuse.
>
> Peter M. Lively, J.D., M.B.A.
> Law Office of Peter M. Lively * Personal Financial Law Center I
> 11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
> Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax: (310)
> 391-2462
>
>
> On Monday, March 5, 2018, 1:14:14 PM PST, John Faucher
> j.d.faucher@sbcglobal.net [cdcbaa] wrote:
>
>
> Does he meet the means test? The means test period is the six calendar
> months prior to the chapter 13 petition, not the six calendar months
> prior to conversion.
> - John D. Faucher
>
>
> ------------------------------------------------------------------------
> *From:* "'Desiree Causey 714-372-2225' causeylaw@gmail.com [cdcbaa]"
>
> *To:* cdcbaa@yahoogroups.com
> *Sent:* Monday, March 5, 2018 1:10 PM
> *Subject:* [cdcbaa] Chapter 13 client just got laid off
>
> My Chapter 13 client in a confirmed plan just let me know he was laid
> off. He has no prospects for another job. Is it best to just file
> the conversion to a Chapter 7 now, or so I need to wait a certain
> period of time?
> Desiree Causey, Esq.
> Law Office of Desiree Causey
> 7755 Center Avenue, Suite 1100
> Huntington Beach, CA 92647
> 714-372-2225 (phone)
> 714-908-7646 (same fax number)
> Privileged And Confidential Communication.
> This electronic transmission, and any documents attached hereto, (a)
> are protected by the Electronic Communications Privacy Act (18 USC §§
> 2510-2521), (b) may contain confidential and/or legally privileged
> information, and (c) are for the sole use of the intended recipient
> named above. If you have received this electronic message in error,
> please notify the sender and delete the electronic message. Any
> disclosure, copying, distribution, or use of the contents of the
> information received in error is strictly prohibited.
>
> Please consider the environment before printing this e-mail.
>
>
>
*/Hale Andrew Antico/*
(661) 252-9900
http://www.ScvBankruptcy.com
/Vice-President, Board Member, Central Dist Consumer Bankruptcy
Attorneys' Assn.(CDCBAA)/
/Past President, Board Member, James T. King Bankruptcy Inn of Court/
/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./
/Email isn't secure, so it's not confidential. By communicating with me
by email, you understand that it's not confidential./
/This does not constitute an electronic signature./
The post was migrated from Yahoo.
Consider a motion for hardship discharge in the chapter 13. Otherwise, wait until the pre-conversion date chapter 7 means test does not give rise to a presumption of abuse. I haven't had any trouble with debtors becoming eligible for chapter 7 using a conversion date means test where the pre-petition chapter 13 means test would have resulted in a presumption of abuse.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Monday, March 5, 2018, 1:14:14 PM PST, John Faucher j.d.faucher@sbcglobal.net [cdcbaa] wrote:
Does he meet the means test? The means test period is the six calendar months prior to the chapter 13 petition, not the six calendar months prior to conversion.- John D. Faucher
dcbaa@yahoogroups.com>
To: cdcbaa@yahoogroups.com
Sent: Monday, March 5, 2018 1:10 PM
Subject: [cdcbaa] Chapter 13 client just got laid off
aid off. He has no prospects for another job. Is it best to just file the conversion to a Chapter 7 now, or so I need to wait a certain period of time? Desiree Causey, Esq.Law Office of Desiree Causey7755 Center Avenue, Suite 1100Huntington Beach, CA 92647714-372-2225 (phone)714-908-7646 (same fax number)Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
Please consider the environment before printing this e-mail.
The post was migrated from Yahoo.
Does he meet the means test? The means test period is the six calendar months prior to the chapter 13 petition, not the six calendar months prior to conversion.- John D. Faucher
dcbaa@yahoogroups.com>
To: cdcbaa@yahoogroups.com
Sent: Monday, March 5, 2018 1:10 PM
Subject: [cdcbaa] Chapter 13 client just got laid off
aid off. He has no prospects for another job. Is it best to just file the conversion to a Chapter 7 now, or so I need to wait a certain period of time? Desiree Causey, Esq.Law Office of Desiree Causey7755 Center Avenue, Suite 1100Huntington Beach, CA 92647714-372-2225 (phone)714-908-7646 (same fax number)Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
Please consider the environment before printing this e-mail. #yiv44
The post was migrated from Yahoo.
My Chapter 13 client in a confirmed plan just let me know he was laid off.
He has no prospects for another job. Is it best to just file the conversion
to a Chapter 7 now, or so I need to wait a certain period of time?
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are
protected by the Electronic Communications Privacy Act (18 USC
2510-2521), (b) may contain confidential and/or legally privileged
information, and (c) are for the sole use of the intended recipient named
above. If you have received this electronic message in error, please notify
the sender and delete the electronic message. Any disclosure, copying,
distribution, or use of the contents of the information received in error is
strictly prohibited.
Please consider the environment before printing this e-mail.
The post was migrated from Yahoo.