CH13 Means test Household Size
Posted: Wed Aug 23, 2017 11:46 am
Rojas . Maybe run it by Melissa first. You have Deborah saltzman who is good and would probably listen to your argument with a p and a at confirmation.
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> On Aug 23, 2017, at 10:19 AM, GMAIL Webblaw@Gmail.com [cdcbaa] wrote:
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> Client wants to file a chapter 13 to discharge marital property agreement. Client has 30% custody of children and she does not claim any IRS 1040 exemptions. The UST trustee position refers to IRS pub501 re test for dependent. From the IRS test, it appears that for the means test, client is a household of one, which she strongly disputes. Children are a son and daughter, client rents a three bedroom which puts her over the allowed rent for a household of one and over the median income.
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> Research for a plausible work around on the means test takes generally me to cases relating to property exemptions. However, there is a 2012 Idaho case In Re Kops; that reads the economic unit test is the appropriate test for household size; under Kops, client has a household of three.
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> This will be Santa Barbara case. What test are we using in the Central District for means test household size?
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> Best regards
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> Larry Webb
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> California Board of Legal Specialization
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> Certified Specialist in Bankruptcy Law
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> P 805.987.1400
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> F 805.987.2866
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> C 805.750.2150
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