While i agree with Hale, it's not just the chap 7 trustees maintaining the need to file a new B22a at conversion, the post conversion orders if some judges require they be filed. Judge Riblet for instance includes this requirement.
If a new b22a is required I am inclined to file based on the last 6 months, because it is usually more beneficial to the debtor.
Mark Jessee
Sent from my iPhone
On Sep 24, 2012, at 8:54 AM, "Hale Andrew Antico" wrote:
> Some Chapter 7 trustees insist on an amended B22. I've written nice letters disputing the need to do this, citing 11 USC 101 10A(A) "the commencement of the case." I know of no ninth circuit authority that interprets a conversion as commencing a new case. We should pick our test case carefully. Hale
>
Christine Wilton
> Sent: Friday, September 21, 2012 6:12 PM
> To:
cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] I and J and Means Test Time Applicable Time Periods When Converting from 13 to 7
>
>
> The Means Test is determined at the time of filing.
>
> Generally, you would file a "post petition change to Income," to demonstrate the changed circumstances that warrant a conversion from 13 to 7. You don't change the means test.
>
> Hope this helps.
>
> On Thu, Sep 20, 2012 at 2:02 PM, Steven B. Lever wrote:
>
> Ive done a few 13s to 7s before, but I cannot say as Ive formulated a well-considered policy on how to present income in the converted Chapter 7 case.
>
>
>
> I think the Means Test remains the same prepetition period for both chaptersthe CMI 6 months prior to the month of filingase (or some other software) from a 22C to a 22A. You lose the retirement deduction, but if you pass, all is good.
>
>
>
> Schedule I can be the same period, or a more recent period, so long as you disclose the basis in the comment section. The last sentence at the top of the form reads: The average monthly income calculated on this form may differ from the current monthly income calculated on Form 22A, 22B or 22C. However, it doesnt say how it should differ.
>
>
>
> So my question is, how do you do it on the 22A and Schedule I is the same whether from 13 to 7, 7 to 13, or even if an 11 is in the mix).
>
>
>
> Steve
>
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>
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While i agree with Hale, it's not just the chap 7 trustees maintaining the need to file a new B22a at conversion, the post conversion orders if some judges require they be filed. Judge Riblet for instance includes this requirement.If a new b22a is required I am inclined to file based on the last 6 months, because it is usually more beneficial to the debtor. Mark JesseeSent from my iPhoneOn Sep 24, 2012, at 8:54 AM, "Hale Andrew Antico" <
bk.lawyer@gmail.com> wrote:
Some Chapter 7 trustees insist on an amended B22. I've written
nice letters disputing the need to do this, citing 11 USC 101 10A(A) "the
commencement of the case." I know of no ninth circuit authority that interprets
a conversion as commencing a new case. We should pick our test case
carefully. Hale
From:
cdcbaa@yahoogroups.com
[mailto:
cdcbaa@yahoogroups.com] On Behalf Of Christine
WiltonSent: Friday, September 21, 2012 6:12 PMTo:
cdcbaa@yahoogroups.comSubject: Re: [cdcbaa] I and J and Means Test
Time Applicable Time Periods When Converting from 13 to 7
The Means Test is determined at the time of filing. Generally,
you would file a "post petition change to Income," to demonstrate the changed
circumstances that warrant a conversion from 13 to 7. You don't change the
means test.Hope this helps.
On Thu, Sep 20, 2012 at 2:02 PM, Steven B. Lever <
The post was migrated from Yahoo.