Page 1 of 1

Means Test for Teacher who is employed 8 months

Posted: Wed May 19, 2010 11:02 am
by Yahoo Bot

I prefer the method of filing a "correct" means test form, and then an
explanatory declaration (or explanation letter) as David suggested. I
think filing two means test forms is confusing, unnecessary and has the
potential to create additional problems.
*************************
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)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
________________________________________________
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 transaction or matter addressed in this communication.
On 5/19/2010 10:58 AM, Holly Roark wrote:
>
>
> If you were to file the TWO Form 22's (one with the actual 6 month
> period, and one with the income amortized over 12 months), when you
> file the case online, do you indicate that there IS a presumption of
> abuse, or that there's NOT a presumption of abuse, since on one of the
> forms there is, and on the other there's not? My thought is that you
> would indicate there IS a presumption of abuse but that you are
> rebutting it with the second means test and with a letter to the UST.
> Thoughts?
> Holly Roark
> holly@roarklawoffices.com
>
> On Wed, May 19, 2010 at 8:33 AM, David A. Tilem
> wrote:
>
> 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.
> + Business bankruptcy specialist cert. by Amer. Bd. of Certification
> -----Original Message-----
> *From:* cdcbaa@yahoogroups.com
> [mailto:cdcbaa@yahoogroups.com ]
> *On Behalf Of *Holly 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@roarklawoffices.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.
> + Business bankruptcy specialist cert. by Amer. Bd. of
> Certification
> -----Original Message-----
> *From:* cdcbaa@yahoogroups.com
> [mailto:cdcbaa@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.
>
> --- In cdcbaa@yahoogroups.com
> , Catherine 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.A-
> >
> > 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. A- 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.A- A- Representation Note:A- If you have not
> signed a contract of representation, Christiansen Law Offices
> does not represent you, and this email does not contain
> anyA- legal adviceA- for you.A- NOTICE:A- We are a federally
> designated Debt Relief Agency under the United States
> Bankruptcy Laws.A- 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
> >
> >
> >
> >
> >
> >
> >
> > A-
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> > I
> > do not think that's allowed when completing the B22 form.A-
> I believe you must
>
> > include the actual income received in each of the six prior
> months before the
> > case is filed.
> >
> > A-
> >
> > James R. Selth
> >
> > Weintraub & Selth, APC
> >
> > 12121 Wilshire Boulevard,
> > Suite 1300
> >
> > Los Angeles, CaliforniaA-
> > 90025
> >
> > Telephone:A- A- A- (310)
> > 207-1494
> >
> > Facsimile:A- A- A- A- (310)
> > 442-0660
> >
> > E-Mail:A- A- A- A- A- A- A- A- A- jim@...
> >
> > A-
> >
> > NOTICE TO RECIPIENT:A- THIS
>
> > E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE
> TRANSMISSION AND THIS
> > COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW.A- IF YOU
> RECEIVED THIS E-MAIL
>
> > IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR
> COPYING OF THIS
> > E-MAIL IS STRICTLY PROHIBITED.A- PLEASE NOTIFY US
> IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL
> > AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM.A- THANK
> YOU IN ADVANCE FOR YOUR
>
> > COOPERATION.
> >
> > A-
> >
> >
> >
> > [mailto:cdcbaa@ yahoogroups. com] On Behalf
> Of Catherine Christiansen
> >
> > Sent: Wednesday, April 14, 2010 4:09 PM
> >
> > To: cdcbaa@yahoogroups. com
> >
> > Subject: RE: [cdcbaa] Means Test for Teacher who is employed
> 8 months
> > out of the year
> >
> >
> >
> > A-
> >
> >
> >
> >
> > I have been taking the
> > average income.A- Multiplying the monthly by 10 and
> dividing by 12 and
> > using 6 months of those figures on the B-22.A- A- 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. A- 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.A- A- Representation Note:A- If you have not
> signed
>
> > a contract of representation, Christiansen Law Offices does
> not represent
> > you, and this email does not contain anyA- legal adviceA- for
> > you.A- NOTICE:A- We are a federally designated Debt Relief
> Agency
> > under the United States Bankruptcy Laws.A- We assist people
> with finding
>
> > solutions to their debt problems,including filing petitions
> for relief under
> > the Bankruptcy Code
> >
> >
> >
> >
> >
> >
> > --- On Wed, 4/14/10, Law Offices of Jonathan Leventhal
> > 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, 2:12 PM
> >
> > A-
> >
> >
> >
> > Also note the fact that in the
> > near future the income will be zero.
> > A-
> >
> > A-
> > A-
> > A-
> > A-
> > A-
> > A-
> > A-
> > A-
> > A-
> > A-
> > A-
> >
> > A-
> > 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.
> >
> > A-
> >
> >
> > [mailto:cdcbaa@ yahoogroups. com] On Behalf
> Of Henry Toles
> >
> > Sent: Wednesday, April 14, 2010 1:43 PM
> >
> > To: cdcbaa@yahoogroups. com
> >
> > Subject: RE: [cdcbaa] Means Test for Teacher who is employed
> 8 months
> > out of the year
> >
> >
> > A-
> > A-
> >
> >
> >
> >
> > Wait
> > two more months and then file
> > A-
> >
> >
> >
> >
> >
> >
> > [mailto:cdcbaa@ yahoogroups. com] On Behalf
> Of Donny Brand
> >
> > Sent: Wednesday, April 14, 2010 1:42 PM
> >
> > To: cdcbaa@yahoogroups. com
> >
> > Subject: RE: [cdcbaa] Means Test for Teacher who is employed
> 8 months
> > out of the year
> >
> > A-
> >
> >
> >
> >
> >
> >
> >
> > Hello,
> > A-
> > I have the same deal going on
> > in one of my cases right now.
> > A-
> > My thoughts are a-EUR" no a-EUR" you
> > cannot do that.A- The means test deals with the 6 months
> beginning with
> > the month preceding the month of filing backwards.A- The
> legislature must
>
> > have known this is going to produce absurd results in many,
> many cases.
> > A-
> > I think the appropriate way of
> > dealing with it is to file the means test with a presumption
> of abuse a-EUR" and
> > then rebut the presumption if need be.A- Hopefully, OUST
> will simply
>
> > decline to file a motion to dismiss based upon all the facts
> in your case.
> > A-
> > Is anyone else doing it any
> > other way?A-
> > A-
> > Particularly any of our
> > members who have been practicing since the Nelson Act?A- ;-)A-
> > (Sorrya-EURjust following in the spirits of some of the
> other posts today!)
> > A-
> > A-
> > A-
> > A-
> > 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
> > A-
> > ------------
> > --------
> > This
> > message originates from the law firm of Brand & Spellman PC
> and may
> > contain legally privileged and confidential information
> intended solely for
> > the use of the addressee. If you are not the intended
> recipient and have
> > received this message in error, please notify us at
> info@brandspellman.
> > 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.
> >
> > A-
> >
> >
> > [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
> >
> >
> > A-
> >
> >
> >
> >
> >
> >
> >
> >
> >
> > A-
> >
> >
> >
> >
> >
> > A-
> >
> >
> >
> >
> >
> >
> > Debtor is a Substitute Teacher whoA- worksA- for 8
> > monthsA- andA- gets no income for the remainder 4 months. He
> > works long hours to save for theA- 4A- months.A-
> >
> >
> > A-
> >
> >
> > If I use his incomeA- for theA- past 6 months his
> > fails the means test.
> >
> >
> > A-
> >
> >
> > If I useA- his income for the past 4 months and add 2
>
> > months of no income he will pass the means test.
> >
> >
> > A-
> >
> >
> > Can I do that?????
> >
> >
> > A-
> >
> >
> > Thank
> >
> > A-
> >
> > Philomena Nzegge, Esq.
> > Law Office of Philomena
> > N. Nzegge
> > 3701 Wilshire Blvd
> > Suite 1120
> > Los Angeles, CA 90010
> > (213) 739-0650A-
> >
> >
> >
> >
> >
> > A-
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> > A-
> > A-
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> > A-
> >
>
>
>
>
> --
> Holly Roark
> holly@roarklawoffices.com
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
>
>
>
>
> --
> Holly Roark
> holly@roarklawoffices.com
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
>
>
>

The post was migrated from Yahoo.