Central District Consumer Bankruptcy Attorney's Association

Posted: **Mon Jun 01, 2009 5:46 pm**

Jim,
I think you are right but I spoke with Tara at the NACBA conference and
she thinks this is a good issue to fight. They will help out with the
right facts.
M. Erik Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
www.blclaw.com
Office: (626) 332-8600
Fax: (626) 332-8644
Board Certified in Consumer Bankruptcy
American Board of Certification
________________________________

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Posted: **Mon Jun 01, 2009 4:02 pm**

It was my understanding that Social Security income is considered with regard to ability to pay and listed on Schedule I, in a Chapter 13 case.
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
________________________________
ark J. Markus
Sent: Monday, June 01, 2009 12:07 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] SSI income in Ch. 13
I know SS income is not includable in the means test and the OUST has said they don't count it on Schedule "I" either for 707 purposes.
However, do the Trustee's/Judges in Ch. 13 cases require it to be factored in to ability to pay in a Chapter 13 for "best efforts"?
If it matters, I have a W.Hills case that will likely have this issue.
Thanks,
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
Toll Free: 1-866-576-6275
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at
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Posted: **Mon Jun 01, 2009 3:14 pm**

Gee, I was hoping this wasn't going to be a test case..So I guess we don't
have a consensus in our district?
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
Toll Free: 1-866-576-6275
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at

The post was migrated from Yahoo.

Posted: **Mon Jun 01, 2009 2:59 pm**

NACBA is looking for this issue. Let me know if the UST says anything.
M. Erik Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
www.blclaw.com
Office: (626) 332-8600
Fax: (626) 332-8644
Board Certified in Consumer Bankruptcy
American Board of Certification
________________________________

The post was migrated from Yahoo.

Posted: **Mon Jun 01, 2009 12:07 pm**

I know SS income is not includable in the means test and the OUST has said
they don't count it on Schedule "I" either for 707 purposes.
However, do the Trustee's/Judges in Ch. 13 cases require it to be factored
in to ability to pay in a Chapter 13 for "best efforts"?
If it matters, I have a W.Hills case that will likely have this issue.
Thanks,
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
Toll Free: 1-866-576-6275
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at

The post was migrated from Yahoo.