Central District Consumer Bankruptcy Attorney's Association

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Holly:
I can't really remember where we filed the cases, but we have never had a problem providing MORE than sufficient information.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
on
olly Roark
Sent: Tuesday, May 18, 2010 8:13 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Re: Means Test for Teacher who is employed 8 months out of the year
David, have you done either of the two approaches you suggest (in downtown), and if so, how did it work out? I am having this issue come up more and more and sometimes it's just not feasible to wait it out to file, so I need to do something. Does an explanatory letter to the UST really suffice if you file it as a presumption of abuse?
Holly Roark
holly@roarklawoffic es.com
CDCA
On Thu, Apr 15, 2010 at 6:47 PM, David A. Tilem wrote:
Teacher income:
Do 2 means test forms. The first one should be "straight", i.e. use whatever they actually earned in the prior 6 months. The second one can be amortized over 12 months. The other alternative to a 2nd means test is to include sufficient explanation so the USTE understands that this is a teacher with a 10 month paycheck. I suspect either solution will work.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
on
a@yahoogroups. com] On Behalf Of Robert
Sent: Thursday, April 15, 2010 2:54 PM
To: cdcbaa@yahoogroups. com
Subject: [cdcbaa] Re: Means Test for Teacher who is employed 8 months out of the year
By Golly I have the EXACT same situation with a teacher who is earning a paycheck 10 months out of the year.
I have advised the client to wait until the end of summer to file.
I plan on using the last 6 months of actual income (which will be 4 months of income and 2 months without) for the means test.
My client passes under these numbers.
For me, the question is the Schedule J amount! I am not sure what to put in there. I am guessing taking the salaried amount earned per year and then dividing that by 12.
Christiansen wrote:
>
> In Riverside, the Chapter 13 Trustee takes year to date and divides by the number of months to calculate the income and then runs that through the B-22 test.
>
> Law Office of Catherine Christiansen
> 1077 E Pacific Coast Hwy #210
> Seal Beach, CA, 90740
> Tel: (562) 361-8721
> Fax: (562) 490-8572
> attorneychristiansen@... e-mail is private and confidential and is intended solely for the recipient(s) named or otherwise identified herein. If you are not named or otherwise identified as an intended recipient, please delete this e-mail message and any copies thereof and immediately notify Christiansen Law Offices by e-mail or by telephone (562)608-8368. resentation, Christiansen Law Offices does not represent you, and this email does not contain any legal advice for you. NOTICE:es Bankruptcy Laws. We assist people with finding solutions to their debt problems,including filing petitions for relief under the Bankruptcy Code
>
> --- On Wed, 4/14/10, Jim Selth wrote:
>
> Subject: RE: [cdcbaa] Means Test for Teacher who is employed 8 months out of the year
> To: "cdcbaa@yahoogroups. com"
> Date: Wednesday, April 14, 2010, 4:13 PM
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> do not think that's allowed when completing the B22 form. I believe you must
> include the actual income received in each of the six prior months before the
> case is filed.
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>
> 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@...
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>
> NOTICE TO RECIPIENT: THIS
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> [mailto:cdcbaa@ yahoogroups. com] On Behalf Of Catherine Christiansen
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> Sent: Wednesday, April 14, 2010 4:09 PM
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> To: cdcbaa@yahoogroups. com
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> Subject: RE: [cdcbaa] Means Test for Teacher who is employed 8 months
> out of the year
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> I have been taking the
> average income. Multiplying the monthly by 10 and dividing by 12 and
> using 6 months of those figures on the B-22. Anyone experiencing
> a problem with that approach on other cases they have filed with school
> teachers?
>
>
> Law Office of Catherine Christiansen
>
> 1077 E Pacific Coast Hwy #210
>
> Seal Beach, CA, 90740
>
> Tel: (562) 361-8721
>
> Fax: (562) 490-8572
>
> attorneychristianse n@gmail.com
> This e-mail is private and confidential
> and is intended solely for the recipient(s) named or otherwise identified
> herein. If you are not named or otherwise identified as an intended
> recipient, please delete this e-mail message and any copies thereof and
> immediately notify Christiansen Law Offices by e-mail or by telephone
> (562)608-8368. Representation Note: If you have not signed
> a contract of representation, Christiansen Law Offices does not represent
> you, and this email does not contain any legal advice for
> you. NOTICE: We are a federally designated Debt Relief Agency
> under the United States Bankruptcy Laws. We assist people with finding
> solutions to their debt problems,including filing petitions for relief under
> the Bankruptcy Code
>
>
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> --- On Wed, 4/14/10, Law Offices of Jonathan Leventhal
> wrote:
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> Subject: RE: [cdcbaa] Means Test for Teacher who is employed 8 months out of
> the year
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> To: cdcbaa@yahoogroups. com
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> Date: Wednesday, April 14, 2010, 2:12 PM
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> Also note the fact that in the
> near future the income will be zero.
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> Jonathan
> D. Leventhal, Esq.
> This
> email and any attachments thereto may contain private, confidential, and
> privileged material for the sole use of the intended recipient. Any review, copying,
> or distribution of this email (or any attachments thereto) by others is
> strictly prohibited. If you are not the intended recipient, please contact
> the sender immediately and permanently delete the original and any copies of
> this email and any attachments thereto.
>
>
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> [mailto:cdcbaa@ yahoogroups. com] On Behalf Of Henry Toles
>
> Sent: Wednesday, April 14, 2010 1:43 PM
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> To: cdcbaa@yahoogroups. com
>
> Subject: RE: [cdcbaa] Means Test for Teacher who is employed 8 months
> out of the year
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> Wait
> two more months and then file
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> [mailto:cdcbaa@ yahoogroups. com] On Behalf Of Donny Brand
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> Sent: Wednesday, April 14, 2010 1:42 PM
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> To: cdcbaa@yahoogroups. com
>
> Subject: RE: [cdcbaa] Means Test for Teacher who is employed 8 months
> out of the year
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> Hello,
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> I have the same deal going on
> in one of my cases right now.
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> My thoughts are " no " you
> cannot do that. The means test deals with the 6 months beginning with
> the month preceding the month of filing backwards. The legislature must
> have known this is going to produce absurd results in many, many cases.
>
> I think the appropriate way of
> dealing with it is to file the means test with a presumption of abuse
> then rebut the presumption if need be. Hopefully, OUST will simply
> decline to file a motion to dismiss based upon all the facts in your case.
>
> Is anyone else doing it any
> other way?
>
> Particularly any of our
> members who have been practicing since the Nelson Act?
> (Sorryjust following in the spirits of some of the other posts today!)
>
>
>
>
> Donny Brand
>
> Brand
> & Spellman PC
> 3836
> E. Anaheim St.
> Long
> Beach, CA 90804
> 562-438-7500
> 888-99-BKRPT
> (888-992-5778)
> www.brandspellman. com
>
> ------------
> --------
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> com and delete this email from your system. Any unauthorized reading,
> distribution, copying, or other use of this email or its attachments is
> strictly prohibited.
>
>
>
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> [mailto:cdcbaa@ yahoogroups. com] On Behalf Of Philomena Nzegge
>
> Sent: Wednesday, April 14, 2010 1:27 PM
>
> To: Bankruptcy Attorneys
>
> Subject: [cdcbaa] Means Test for Teacher who is employed 8 months out
> of the year
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> Debtor is a Substitute Teacher who works for 8
> months and gets no income for the remainder 4 months. He
> works long hours to save for the 4 months.
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> If I use his income for the past 6 months his
> fails the means test.
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> If I use his income for the past 4 months and add 2
> months of no income he will pass the means test.
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> Can I do that?????
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> Thank
>
>
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> Philomena Nzegge, Esq.
> Law Office of Philomena
> N. Nzegge
> 3701 Wilshire Blvd
> Suite 1120
> Los Angeles, CA 90010
> (213) 739-0650
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Holly Roark
holly@roarklawoffic es.com
www.roarklawoffices .com
Central District of California
Consumer Bankruptcy Attorney
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Message
Holly:

I can't really remember
where we filed the cases, but we have never had a problem providing MORE than
sufficient information.


David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.