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Adult Dependents in Ch 13
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Heads on the bed is a shorthand way of determining the household size to be
applied in the means test. It is not a measurement of household expenses.
Chapter 13 requires best efforts.
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.
Catherine Christiansen
Sent: Thursday, June 03, 2010 2:39 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Adult Dependents in Ch 13
Does "heads on the bed" apply to Chapter 13? We know the US T's office
allows dependents that can be taken on the tax return. I believe the cite
was Epperson 409 B.R. 503, Bankr. D. Ariz 2009. This is a Chapter 7 Case.
Peter? Jim? Dennis?
Danielson has been off course before. ) If you argue, beware, the court
may want you to brief the issue.
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
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you. NOTICE: We are a federally designated Debt Relief Agency under the
United States Bankruptcy Laws. We assist people with finding solutions to
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Bankruptcy Code
"Don't be afraid, for I am with you. Do not be dismayed, for I amyour God. I
will strengthen you. I will help you. I will uphold you with myvictorious
right hand." Isaiah 41:10 NLT
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Does "heads on the bed" apply to Chapter 13? We know the US T's office allows dependents that can be taken on the tax return. I believe the cite was Epperson 409 B.R. 503, Bankr. D. Ariz 2009. This is a Chapter 7 Case. Peter? Jim? Dennis?
Danielson has been off course before. ) If you argue, beware, the court may want you to brief the issue.
Law Office of Catherine Christiansen
1077 E Pacific Coast Hwy #210
Seal Beach, CA, 90740
Tel: (562) 361-8721
Fax: (562) 490-8572
attorneychristiansen@gmail.comThis 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.f representation, Christiansen Law Offices does not represent you, and this email does not contain anylegal advicefor you. NOTICE:ates Bankruptcy Laws.We assist people with finding solutions to their debt problems,including filing petitions for relief under the Bankruptcy Code
"Don't be afraid, for I am with you. Do not be dismayed, for I amyour God. I will strengthen you. I will help you. I will uphold you with myvictorious right hand." Isaiah 41:10 NLT
The post was migrated from Yahoo.
Welcome to the world of ROD.
I don't think that there is a question that the person is a dependent
AND a member of the household. In the old days, pre-BAPCPA, the
trustees would nix the idea of any school tuition for an adult as
unreasonable expense. But I think it is cloudily clear that if they can
claim them, they are a dependent.
P.S. Didn't I see you on TV while I was lounging in Carlsbad last week?
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I have a chapter 13 client in Riverside and we've claimed a 19 year old child as a dependent on B22C. The child is a full-time student living at home. Danielson contends we may not include this adult child as a dependent. "Creditors shouldn't have to pay for adult children to go to school" was his comment. However, the Internal Revenue Service recognizes him as a dependent. Does anyone have any experience with this issue in Riverside? Will the court require the adult child not be considered a dependent for purposes of the B22C?
Thanks! Brian
P.S. Yes, I'm his little brother.
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