Ransom and a rented car
Posted: Wed Jun 20, 2012 5:01 pm
The trustee is taking a shortcut. The trustee must tell the UST if something is wrong with a case. If you amend the b23 before the 341a, you save the trustee having to refer the matter to the UST.
The statement that the trustee has no power is just wrong. 704a4, trustee must investigate debtor, 704a6, trustee must oppose discharge if advisable. 521a3 requires the debtor to cooperate with the trustee. Trustee won't, but trustee could oppose discharge because debtor refused to cooperate by amendeing b23.
dennis
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To: cdcbaa@yahoogroups.com
Sent: Wednesday, June 20, 2012 12:31 PM
Subject: RE: [cdcbaa] Ransom and a rented car
Thats usually a UST not a Chapter 7 Trustee issue. Why does Chapter 7 Trustee care? Does he fail the means test without the deduction?
Steven B. Lever
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Alik Segal
Sent: Wednesday, June 20, 2012 12:32 PM
To: CDCBAA Listserv; NACBA BK; CAMFFG
Subject: [cdcbaa] Ransom and a rented car
My debtor is achauffeur. On his days off he rents a car. His sum total of daily car rental expenses in a typical month is $200/month. He also incurs $150 for gasoline.
7 Trustee contends that, per Ransom, debtor is not entitled to the ownership deduction on Means Test #23.
I have not been able to find any cases dealing with this issue.
Any suggestions or perspectives would be appreciated.
Alik Segal
Alik.Segal@gmail.com
310-362-6157
California Central District
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