Central District Consumer Bankruptcy Attorney's Association

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Thanks, Link.
Just thought Id share that I came across a case from up north, In re Ryder (2008 WL 3845246), where the court found that debtors were not required to file new means test. The court noted theres nothing in 707(b)(1) that indicates it was meant to apply to converted cases Congress used the specific word filed.

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Is everyone finding that the UST requires the filing of a b22a when
converting a chapter 13 to 7? I guess this goes to whether 707(b) applies
to a converted case or if you can get around it by interpreting "filed by an
individual debtor under this chapter" in a debtor friendly way.
I'm dealing with is a chapter 13 filed to stave off foreclosure, but we were
able to get the debtors a permanent loan modification and now I want to
convert to a 7 to discharge the unsecured debts. Problem is that these are
above-median debtors with large 401k deductions that would not be excluded
in the b22a.
If the answer is yes, has anyone tried filing a motion to strike requirement
to file form b22a?
I suppose a decent alternative would be to keep them in the 13.
Thanks,
Stephen Vokshori
Vokshori Law Group
1010 Wilshire Blvd. Ste. 1404
Los Angeles, CA 90017
main: (213) 986-4323
fax: (310) 881-6996
email: stephen@voklaw.com
web: www.VokLaw.com

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