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Social Security Income may not be included on schedule
Yes. It can be voluntarily contributed to render a plan feasible or it can arguably be used for schedule J line items that exceed means test standard levelsfor the particular household size in questions(rent, for example) or other actual expenses that might not be consideredallowed uses for CMI.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 Tuesday, August 11, 2015 11:13 AM, "ssoesq@aol.com [cdcbaa]" wrote:
I have a chapter 13 case pending and included the Social Security Income on Schedule I and simultaneouslyexpensed it in Schedule J.Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
Canoga Park, California 91303
Tel:(818) 992-6588
Fax:(818) 992-6511
Email:ssoesq@aol.com www.shaioved.com
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On Tue, Aug 11, 2015 at 10:56 AM, 'Peter M. Lively' petermlively2000@yahoo.com [cdcbaa] wrote:
No. Social security income must be shown on schedule I. 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 Tuesday, August 11, 2015 9:47 AM, "R Grace Rodriguez rgracelaw@gmail.com [cdcbaa]" wrote:
[Attachment(s) from R Grace Rodriguez included below] Had a case come up. Drummond v. Welsh. Which states that inder 42 USC 407a social security income is not only excluded on the means test to calculate dmi.. but states that it cannot be used to determine bad faith to deny confirmation of a plan. But taking it a step further... does that mean that social security income doesnt have to be included in schedule I to count towards income. Is this correct interpretation?
The post was migrated from Yahoo.
My understanding is that social security income is only put into I if you
would like to use it to show that the plan is feasible. I wouldn't use any
portion of SS income to pay unsecured creditors in a Chapter 13 while in a
Chapter 11, I would use some if I thought I needed to meet a certain
threshold for unsecured creditors to vote for me or if I needed it as new
value to circumvent the absolute priority rule.
Sincerely,
*Michael Avanesian, Esq. *
Simon Resnik Hayes, LLP
15233 Ventura Blvd., Suite 250
Sherman Oaks, CA 91403
Tel: 818.783.6251 | Cel: 818.817.1725
*Confidentiality**: *This electronic transmission and its contents are
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On Tue, Aug 11, 2015 at 9:47 AM, R Grace Rodriguez rgracelaw@gmail.com
[cdcbaa] wrote:
>
> [Attachment(s) from R Grace Rodriguez
> included below]
>
> Had a case come up. Drummond v. Welsh. Which states that inder 42 USC
> 407a social security income is not only excluded on the means test to
> calculate dmi.. but states that it cannot be used to determine bad faith to
> deny confirmation of a plan.
>
> But taking it a step further... does that mean that social security income
> doesnt have to be included in schedule I to count towards income. Is this
> correct interpretation?
>
>
>
My understanding is that social security income is only put into I if you would like to use it to show that the plan is feasible. I wouldn't use any portion of SS income to pay unsecured creditors in a Chapter 13 while in a Chapter 11, I would use some if I thought I needed to meet a certain threshold for unsecured creditors to vote for me or if I needed it as new value to circumvent the absolute priority rule.Sincerely,Michael Avanesian, Esq.Simon Resnik Hayes, LLP15233 Ventura Blvd., Suite 250Sherman Oaks, CA 91403Tel: 818.783.6251 | Cel: 818.817.1725Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, 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 herein.
On Tue, Aug 11, 2015 at 9:47 AM, R Grace Rodriguez rgracelaw@gmail.com [cdcbaa] <
[Attachment(s) from R Grace Rodriguez included below]
Had a case come up. Drummond v. Welsh. Which states that inder 42 USC 407a social security income is not only excluded on the means test to calculate dmi.. but states that it cannot be used to determine bad faith to deny confirmation of a plan.
But taking it a step further... does that mean that social security income doesnt have to be included in schedule I to count towards income. Is this correct interpretation?
The post was migrated from Yahoo.
No. Social security income must be shown on schedule I.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 Tuesday, August 11, 2015 9:47 AM, "R Grace Rodriguez rgracelaw@gmail.com [cdcbaa]" wrote:
[Attachment(s) from R Grace Rodriguez included below] Had a case come up. Drummond v. Welsh. Which states that inder 42 USC 407a social security income is not only excluded on the means test to calculate dmi.. but states that it cannot be used to determine bad faith to deny confirmation of a plan.But taking it a step further... does that mean that social security income doesnt have to be included in schedule I to count towards inc
The post was migrated from Yahoo.