That is really interesting. I am pretty sure in this jurisdiction if we
don't file that form, we'll get one of those little ECF notices saying we
have X amount of time to get it filed.
How about I don't file it and just see what happens? Has anyone else
fought this battle? Chime in.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**Counsel for Chapter 13 Trustee Kathleen A. McCallister (Idaho) T (208)
922-5100
On Sun, Mar 15, 2015 at 4:30 PM, Michael Avanesian
michael@avanesianlaw.com
[cdcbaa] wrote:
>
>
> Why do you say the form *has to be filed*?
>
> Some would say (see case below, not trying to be rude), by filing the
> form, you're succumbing to the words of a rube in contradicting the
> unambiguous language of a statute! Thereby violating the principles of
> federalism! In other words, sometimes you want someone like Justice Thomas
> to render an opinion. This issue is a toss up and it's up to the Debtor's
> bar to determine how it ends up in the central district.
>
> See e.g. In re Fox, 370 BR 639 - Bankr. Court, D. New Jersey 2007 "This
> Court holds that the Debtor, having converted her case from one under
> chapter 13 to one under chapter 7, is not subject to the means test under
> the plain language of 707(b)(1) and is, thus, not required to file a Form
> B22A under Rule 1007(b)(4)."
>
>
> Sincerely,
>
>
> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
> 101 N. Brand Blvd., PH 1920
> Glendale, California 91203
> Tel: 818.276.2477 Fax: 818.208.4550
>
> *Confidentiality**: *This electronic transmission and its contents are
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> to us immediately and delete this message from your directory.
>
> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
> imposed by the IRS, please be advised that any U.S. federal tax advice
> contained in this communication (including any attachments) is not intended
> or written to be used or relied upon, and cannot be used or relied upon,
> for the purpose of (i) avoiding penalties under the Internal Revenue Code,
> or (ii) promoting, marketing or recommending to another party any
> transaction or matter addressed herein.
>
>
> On Sun, Mar 15, 2015 at 1:47 PM, Holly Roark
hollyroark22@gmail.com
> [cdcbaa] wrote:
>
>>
>>
>> The form has to be filed. The problem arises when you have to check that
>> box that says it's presumed abusive. Although you can respond to the UST,
>> it's still a hassle. I've typed in at the bottom of the form that he lost
>> his job. Hopefully that will suffice.
>>
>> Holly Roark
>> Certified Bankruptcy Specialist*
>> *and Sports Lawyer*
>>
holly@roarklawoffices.com **primary email address**
>>
www.roarklawoffices.com
>> Central District of California - Consumer Bankruptcy Attorney
>> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
>> T (310) 553-2600; F (310) 553-2601
>>
>> *By State Bar of California Board of Legal Specialization
>>
>> **Counsel for Chapter 13 Trustee Kathleen A. McCallister (Idaho) T (208)
>> 922-5100
>>
>>
>> On Sun, Mar 15, 2015 at 1:51 AM, Michael Avanesian
>>
michael@avanesianlaw.com [cdcbaa] wrote:
>>
>>>
>>>
>>> I have zero Chapter 13s under my belt and I am above average aggressive
>>> in taking legal positions. With that in mind:
>>>
>>> My initial thought to your question is why do you assume the means test
>>> even applies to a case converted from Chapter 13 to 7? 707(b) says, "...may
>>> dismiss *a case filed* ... under this chapter ..." My position would be
>>> the case was not filed under Chapter 7, so 707(b) does not apply.
>>>
>>> The Judge may still dismiss under 707(a) for cause, particularly if the
>>> totality of the circumstances warrant it or if this was a bad faith filing
>>> -- even though it's not implicit in that part of the code.
>>>
>>> A quick aside: It's really up to the Debtor's bar to make a stand;
>>> particularly when the facts are good. Why not set a standard where a good
>>> faith Chapter 13 filer does not get any additional hassle after converting?
>>> Two years is enough, give the guy a break!
>>>
>>>
>>> Sincerely,
>>>
>>>
>>> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
>>> 101 N. Brand Blvd., PH 1920
>>> Glendale, California 91203
>>> Tel: 818.276.2477 Fax: 818.208.4550
>>>
>>> *Confidentiality**: *This electronic transmission and its contents are
>>> legally privileged and confidential information and intended solely for the
>>> use of the addressee. If the reader of this message is not the intended
>>> recipient, you are hereby notified that any dissemination, distribution,
>>> copying or other use of this message and its contents is strictly
>>> prohibited. If you have received this transmission in error, please reply
>>> to us immediately and delete this message from your directory.
>>>
>>> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
>>> imposed by the IRS, please be advised that any U.S. federal tax advice
>>> contained in this communication (including any attachments) is not intended
>>> or written to be used or relied upon, and cannot be used or relied upon,
>>> for the purpose of (i) avoiding penalties under the Internal Revenue Code,
>>> or (ii) promoting, marketing or recommending to another party any
>>> transaction or matter addressed herein.
>>>
>>>
>>> On Sat, Mar 14, 2015 at 10:28 PM, Holly Roark
hollyroark22@gmail.com
>>> [cdcbaa] wrote:
>>>
>>>>
>>>>
>>>> My recollection is that you use prepetition 6 month CMI figures, but
>>>> how does this work? If Debtor is showing DMI of $500, he doesn't qualify
>>>> for Chapter 7, but he's been in a 13 for 2 years and lost his job and now
>>>> needs to convert. What am I using for form 22A so he "passes" the means
>>>> test and qualifies to be in a Chapter 7?
>>>>
>>>> In this case, even current CMI figures would not work either since
>>>> Debtor just lost the job a few weeks ago.
>>>>
>>>> How to handle? Does the "Lanning" change in circumstance apply in a
>>>> chapter 7?
>>>>
>>>>
>>>> Holly Roark
>>>> Certified Bankruptcy Specialist*
>>>> *and Sports Lawyer*
>>>>
holly@roarklawoffices.com **primary email address**
>>>>
www.roarklawoffices.com
>>>> Central District of California - Consumer Bankruptcy Attorney
>>>> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
>>>> T (310) 553-2600; F (310) 553-2601
>>>>
>>>> *By State Bar of California Board of Legal Specialization
>>>>
>>>> **Counsel for Chapter 13 Trustee Kathleen A. McCallister (Idaho) T (208)
>>>> 922-5100
>>>>
>>>>
>>>
>>
>
>
That is really interesting. I am pretty sure in this
The post was migrated from Yahoo.