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New BAP Opinion

Posted: Thu Apr 10, 2014 11:08 am
by Yahoo Bot

Of course, look who is on the panel...
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 Thursday, April 10, 2014 9:19 AM, "jhayes@hayesbklaw.com" wrote:
The BAP has just ruled that a chapter 13 debtor cannot deduct $200 for "older vehicle operating expense." I'll put out the brief in a while.
"Accordingly, because the older vehicle operating expense is not set forth or referenced in the National Standards, in the Local Standards, or in the IRM commentary identifying and interpreting those standards, it was improper for the bankruptcy court to allow the older vehicle operating expense for purposes of calculating the Luedtkes disposable income."

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New BAP Opinion

Posted: Thu Apr 10, 2014 10:23 am
by Yahoo Bot

This may or may not increase the number of prepetition vehicle purchases,
thereby adding a car payment in excess of $200.*

* subject to 11 USC 526(a)(4), as interpreted by Milavetz, and the
persuasiveness of the argument that a prepetition car purchase where the old
car requires upkeep and financing will be hard to obtain with bad credit
during a Chapter 13 bankruptcy is a "valid purpose."
_____

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New BAP opinion

Posted: Fri Dec 27, 2013 9:30 am
by Yahoo Bot

Jim:
I second Editor in Chief Havkin. No crowing allowed on the listserv unless you are willing to write an article for the newsletter.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com

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New BAP opinion

Posted: Fri Dec 27, 2013 7:51 am
by Yahoo Bot

Nice job.
Law Office of Catherine Christiansen
17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
Tel: (714) 375-6651 Fax: (562) 490-8572
attorneychristiansen@gmail.com
On Friday, December 27, 2013 7:11 AM, Stella Havkin wrote:
Great work and congratulations.
Sent from my Stella Havkin's iPad
On Dec 27, 2013, at 5:54 AM, Jim Selth wrote:
>Congratulations to Elaine Nguyen of our firm for the attached published BAP opinion affiirming Judge Ahart's awarding of $23,072 in sanctions against a creditor for violating the automatic stay.
>
>James R. Selth
>Certified Bankruptcy Specialist*
>Weintraub & Selth, APC
>11766 Wilshire Boulevard, Suite 1170
>Los Angeles, California 90025
>Telephone: (310) 207-1494
>Facsimile: (310) 442-0660
>E-Mail: jim@wsrlaw.net
>
>*Certified by State Bar of California as Certified Legal Specialist in Bankruptcy Law
>
>NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.

The post was migrated from Yahoo.

New BAP opinion

Posted: Fri Dec 27, 2013 5:54 am
by Yahoo Bot

Congratulations to Elaine Nguyen of our firm for the attached published BAP opinion affiirming Judge Ahart's awarding of $23,072 in sanctions against a creditor for violating the automatic stay.
James R. Selth
Certified Bankruptcy Specialist*
Weintraub & Selth, APC
11766 Wilshire Boulevard, Suite 1170
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
*Certified by State Bar of California as Certified Legal Specialist in Bankruptcy Law
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
creation-date="Fri, 27 Dec 2013 13:54:43 GMT";
modification-date="Fri, 27 Dec 2013 13:54:43 GMT"

The post was migrated from Yahoo.