Central District Consumer Bankruptcy Attorney's Association

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I've always thought line 57 was most appropriate unless the particular
trustee has an issue with where those deductions are listed within Form 22C.
Do all the ch13 trustees in the Central District pay close attention to
Wiegand? I would assume so since it often affects the applicable
commitment period.
Jeffrey Hsu, Esq. | JCH Law Firm
Orange County Office: 420 Exchange, Ste. 270 | Irvine, CA 92602
Los Angeles Office: 1031 S. Garfield Ave. | Alhambra, CA 91801
Tel: 800-371-5523 | Fax: 800-371-5523
jhsu@jchfirm.com |
www.jchfirm.com
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Dear members:
I have a PC that buys and sells cars. His income on line 3 of the 22C is
10,000 per month. Of this amount $5,000 is inventory and about $1,000 is
parts to fix the cars up so they can be sold. So am I reading the Wiegand
decision correctly to say that I can deduct the cost of inventory and parts
at LINE 57 for "SPECIAL CIRCUMSTANCES" contemplated by Section 1325(b)(2)
or does it have to be listed in PART VI as necessary for health and welfare
of family under 707?
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
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I thought Form 22C /was/ the Chapter 13 form?
In any event, as I recall the only impact of Wiegand was in
determining whether a debtor is above median or below, thereby
determining whether it must be a 60 month plan, or could be less.
Where the actual offsetting expenses are stuck elsewhere on the form
is not that important since Wiegand doesn't impact the ultimate
monthly payment amount, just the term. But I say this without
re-reading it at the moment.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at

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Wiegand is a Chapter 13 case.
_____

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Wiegand says that these expenses cannot be deducted "above the line".
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, Suite 640
Woodland Hills, California 91364-2226
Telephone: (818) 226-1205
Facsimile : (818) 226-1213
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________________________________
To: cdcbaa@yahoogroups.com
Sent: Tue, April 10, 2012 1:54:42 PM
Subject: Re: [cdcbaa] Means Test - In re Wiegand Question
Without reading Wiegand, aren't the inventory and parts "ordinary and necessary
business expenses" on line 3b? So the net income is $4000...
Jason Wallach
jwallach@gladstonemichel.com
On Apr 10, 2012, at 1:33 PM, R Grace Rodriguez wrote:
>Dear members:
>
>I have a PC that buys and sells cars. His income on line 3 of the 22C is 10,000
>per month. Of this amount $5,000 is inventory and about $1,000 is parts to fix
>the cars up so they can be sold. So am I reading the Wiegand decision correctly
>to say that I can deduct the cost of inventory and parts at LINE 57 for "SPECIAL
>CIRCUMSTANCES" contemplated by Section 1325(b)(2) or does it have to be listed
>in PART VI as necessary for health and welfare of family under 707?
>
>--
>R. Grace Rodriguez, Esq.
>OFF: (818) 734-7223
>CEL: (818) 554-9922
>
>
>
Wiegand says that these expenses cannot be deducted "above the line". Kenneth Jay Schwartz, Esq.LAW OFFICE OF KENNETH JAY SCHWARTZ21031 Ventura Boulevard, Suite 640Woodland Hills, California 91364-2226Telephone: (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: Jason Wallach <jwallach@gladstonemichel.com>To: cdcbaa@yahoogroups.comSent: Tue, April 10, 2012 1:54:42 PMSubject: Re: [cdcbaa] Means Test - In re Wiegand Question

Without reading Wiegand, aren't the inventory and parts "ordinary and necessary business expenses" on line 3b? So the net income is $4000...

The post was migrated from Yahoo.

charsetndows-1252
Without reading Wiegand, aren't the inventory and parts "ordinary and necessary business expenses" on line 3b? So the net income is $4000...
Jason Wallach
jwallach@gladstonemichel.com
On Apr 10, 2012, at 1:33 PM, R Grace Rodriguez wrote:
> Dear members:
>
> I have a PC that buys and sells cars. His income on line 3 of the 22C is 10,000 per month. Of this amount $5,000 is inventory and about $1,000 is parts to fix the cars up so they can be sold. So am I reading the Wiegand decision correctly to say that I can deduct the cost of inventory and parts at LINE 57 for "SPECIAL CIRCUMSTANCES" contemplated by Section 1325(b)(2) or does it have to be listed in PART VI as necessary for health and welfare of family under 707?
>
> --
> R. Grace Rodriguez, Esq.
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
>
>
charsetndows-1252
Without reading Wiegand, aren't the inventory and parts "ordinary and necessary business expenses" on line 3b? So the net income is $4000...
Jason Wallach
The post was migrated from Yahoo.

Dear members:
I have a PC that buys and sells cars. His income on line 3 of the 22C is
10,000 per month. Of this amount $5,000 is inventory and about $1,000 is
parts to fix the cars up so they can be sold. So am I reading the Wiegand
decision correctly to say that I can deduct the cost of inventory and parts
at LINE 57 for "SPECIAL CIRCUMSTANCES" contemplated by Section 1325(b)(2)
or does it have to be listed in PART VI as necessary for health and welfare
of family under 707?
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
Dear members:I have a PC that buys and sells cars. His income on line 3 of the 22C is 10,000 per month. Of this amount $5,000 is inventory and about $1,000 is parts to fix the cars up so they can be sold. So am I reading the Wiegand decision correctly to say that I can deduct the cost of inventory and parts at LINE 57 for "SPECIAL CIRCUMSTANCES" contemplated by Section 1325(b)(2) or does it have to be listed in PART VI as necessary for health and welfare of family under 707?
-- R. Grace Rodriguez, Esq.OFF: (818) 734-7223CEL: (818) 554-9922

The post was migrated from Yahoo.