Central District Consumer Bankruptcy Attorney's Association

Even though $$ from loan may have been used for household purposes,
obligation is person in nature and so is the account. I would try the
marital deduction.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Erik Clark
Sent: Wednesday, January 28, 2009 9:37 AM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Means test question
Yes, they have a regular job and $500 of the income is going towards
paying their retirement loans
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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Yes, they have a regular job and $500 of the income is going towards paying their retirement loans
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
________________________________

The post was migrated from Yahoo.

Is non-filing spouse earning any money?
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Raj Wadhwani
Sent: Friday, January 23, 2009 11:28 AM
To: cdcbaa@yahoogroups.com; Erik Clark
Subject: RE: [cdcbaa] Means test question
Assuming youre in a 7, you dont get a retirement loan deduction. Thats
only in ch. 13 cases.
I suppose you could try and reduce the amount of her contribution by taking
a $500 marital adjustment. The argument would be thats the amount she is
not contributing to the household. However, I think its a stretch
especially if the loan was used for the benefit of the household, Im not
sure that would fly.
Raj T. Wadhwani
Wadhwani Law Firm, APLC
15233 Ventura Blvd., Suite 1120
Sherman Oaks, CA 91403
Phone: (818) 784-0500
Fax: (818) 784-0508
raj@wadhwanilaw. com
_____

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Erik:
I am an old hand at this-ever since Jim King showed me on Wednesday last (as
Jane Austen would say). Go to marital deduction section. Anything not
going to household goes there. It is quite wonderful. It basically can
wipe out the non filing spouses income by deducting things that can't be
deducted from the means test when both are filing.
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.

charset-ascii
Assuming you're in a 7, you don't get a retirement loan deduction.
That's only in ch. 13 cases.
I suppose you could try and reduce the amount of her contribution by
taking a $500 marital adjustment. The argument would be that's the
amount she is not contributing to the household. However, I think it's
a stretch especially if the loan was used for the benefit of the
household, I'm not sure that would fly.
Raj T. Wadhwani
Wadhwani Law Firm, APLC
15233 Ventura Blvd., Suite 1120
Sherman Oaks, CA 91403
Phone: (818) 784-0500
Fax: (818) 784-0508
raj@wadhwanilaw.com
________________________________

The post was migrated from Yahoo.

Client is married but filing separately. Right now he is above median
and I am trying to get him to pass the means test. Non-filing spouse
has several loans against her retirement (totaling over $500 per month).
Can I deduct those on the means test? Any help is appreciated
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

The post was migrated from Yahoo.