Central District Consumer Bankruptcy Attorney's Association

Nate:
Amend the skds. List the full amount due in the description. Then state "value listed is the amont reasonably expected to be collected, although if the flake ex wins the lottery it may all be collectable". List a value under $23k and exempt. Use the new Supreme Ct. case and exempt "All".
Of course I am inferring that by stating there is a large arrears and the ex filed 7 also, you are saying theex is a flake and won't pay..
Claim entire amount is R & N.
Then tell the judge the creditor is fishing and needs to fnid another pond.
The real issue is what will the trustee do?
If the trustee won't try to collect, under 349 the entire amount goes back to the debtor anyway, so I'd also tell the judge there is no justicable dispute, as there is noremedy for the creditor as there is no way for the estate to collect and make a distribution. Was there a report of no distribution (what we used to call a no asset report)?
I just hope the flake is not a dad, at least not today.
Happy Father's Day to all the dads! The google doodle is pretty cool today.
d

The post was migrated from Yahoo.

Does anyone have any experience or have any thoughts as to the following:
Client files a Chapter 7 and is owed a lot of money for child support arrears that is listed and exempted under 703.140(b)(10)(d) and it now goes under the "reasonable and necessary" standard. Creditor objects that none of if is R & N as the children are over the age of majority; although 1 child is still in high school.
Judge wants to know what amount if any should be R & N for the debtor.
Any thoughts as to the money is really the children's since it was for their benefit and not the mother now that they're over 18 years of age?
NOTE: EX-HUSBAND IS ALSO IN HIS OWN CHAPTER 7 BANKRUPTCY AS WELL.
Thank you,
Nate Berneman

The post was migrated from Yahoo.