Thank you Hale, that was informative.
On 4/27/2018 4:01 PM, Hale Andrew Antico
la_bk_lawyer@yahoo.com
[cdcbaa] wrote:
>
>
> Yesterday, Kathy Dockery's office hosted a Chapter 13 plan meeting
> sharing pointers, and seeking input on the new plan form after
> about 5 months of usage.
>
> The first hour or so was Aki explaining how best to complete the
> Chapter 13 plan without causing errors, confusion, or objections.
> The main takeaway is never use the "Pot" plan option, as it's
> going away. He then spent time on numerous examples as to when
> we'd use the "percentage" plan and when the "residual."
>
> I don't have a hard-and-fast rule for this, but if I were to try,
> it'd be:
>
> a) use "percentage" if the B22 or liquidation creates a
> b) use "residual" if
>
> i) no B22 or liquidation floor and I-J is driving things per
> Lanning, or;
>
> ii) to create a ceiling of 100% with the earlier floor (that
> is, check both in this case).
>
> I'm sure someone can correct me if that's not perfectly apt, but
> it's a starting point.
>
> There was also some clarity that on tax refunds. They'll need to
> be turned over only when the /net /of state and fed refunds is
> $500 or more in a given year (with caveat that debtors shouldn't
> be incurring tax debt during their plan). If it's a 100% plan,
> debtor can keep refunds, until such time as plan dips below 100%,
> which can have retroactive impact. The staff attorney from Ms
> Curry's office was in attendance and she agreed with this, so that
> there's uniformity in Los Angeles. Not just on this, but on mostly
> everything Aki said. I can't think of a single item on which she
> dissented, though anyone in attendance can correct me if I'm wrong.
>
> Back to the plan, the initial 1.1 or 1.2 boxes should be used if
> you plan on impacting a lien either by plan or by motion. Any
> other things we'd formerly put in Miscellaneous you'd tick 1.4 and
> then fill in D at the end above the signature lines.
>
> The second part was a lively session where Aki invited input on
> changes to the new Chapter 13 plan form. The attorneys in
> attendance gave him lots of suggestions, which he winsomely
> accepted, making notes for each of them. Masako didn't object to
> any, as I recall. As a debtors' bar we generally agreed on most
> suggestions. Aki can now return to the judges with our input,
> which may or may not result in a new updated plan document.
>
> CDCBAA Chapter 13 liaison,
>
> Hale
>
>
> --
> */Hale Andrew Antico/*
>
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>
http://www.los-angeles-bankruptcy.net
>
> /Vice-President, Board Member, Central Dist Consumer Bankruptcy
> Attorneys' Assn.(CDCBAA)/
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Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web:
http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any
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