Lanning Decision from Supremes [1 Attachment]
Posted: Mon Jun 07, 2010 6:21 pm
Remember that there needs to be an objection before 1325(b)(1) requirement [of 5 years of PDI]is invoked, don't just cave in onyour 3 year plans without the Ch13 T or the holder of an allowedunsecuredclaim objecting.
Once there is an objection,since PDI is nowthe same as DI under I - J and we are back to the days of court determined budgets. The debtor $1 above median income with a postive PDI/DI will be in servitude to creditors for 2 years more. Oiy vey,the public policy implications forour economy, yikes! The barn door isopen andall the cows are gone...
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11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
A-Bankruptcy-Attorney.com
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________________________________
To: cdcbaa@yahoogroups.com
Sent: Mon, June 7, 2010 12:01:28 PM
Subject: RE: [cdcbaa] Lanning Decision from Supremes
John;
Thanks for putting this out there. So, what about all the 3 year Kagenveama cases that are not confirmed yet we have pending? Thank G*d the main one that had a period of unemployment followed by good employment for a 3 year term is a done deal now, in my practice. I think we all need to scour our cases where we used Kagenveama.
Steve
From:cdcbaa@yahoogroups. com [mailto:cdcbaa@ yahoogroups. com] On Behalf Of John Faucher
Sent: Monday, June 07, 2010 10:06 AM
To: cdcbaa@yahoogroups. com
Subject: [cdcbaa] Lanning Decision from Supremes [1 Attachment]
[Attachment(s) from John Faucher included below]
They went with the forward-looking test, rather than the mechanical test for projected future income. nveighing against the loosey-goosey results of second-guessing Congress. John D. Faucher
>>>>Hurlbett & Faucher
>>>>5743 Corsa Ave., Suite 116
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Remember that there needs to be an objection before 1325(b)(1) requirement [of 5 years of PDI] is invoked, don't just cave in on your 3 year plans without the Ch13 T or the holder of an allowed unsecured claim objecting.
Once there is an objection, since PDI is now the same as DI under I - J and we are back to the days of court determined budgets. The debtor $1 above median income with a postive PDI/DI will be in servitude to creditors for 2 years more. Oiy vey, the public policy implications for our economy, yikes! The barn door is open and all the cows are gone... Peter M. Lively, JD/MBALaw Office of Peter M. Lively * Personal Financial Law Center I11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462 A-Bankruptcy-Attorney.comPersonal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
From: Steven B. Lever <sblever@leverlaw.com>To: cdcbaa@yahoogroups.comSent: Mon, June 7, 2010 12:01:28 PMSubject: RE: [cdcbaa] Lanning Decision from Supremes
John;
Thanks for putting this out there. So, what about all the 3 year Kagenveama cases that are not confirmed yet we have pending? Thank G*d the main one that had a period of unemployment followed by good employment for a 3 year term is a done deal now, in my practice. I think we all need to scour our cases where we used Kagenveama.
Steve
From: cdcbaa@yahoogroups. com [mailto:cdcbaa@ yahoogroups. com] On Behalf Of John FaucherSent: Monday, June 07, 2010 10:06 AMTo: cdcbaa@yahoogroups. comSubject: [cdcbaa] Lanning Decision from Supremes [1 Attachment]
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