missed it by that much
Posted: Mon Dec 28, 2009 3:27 pm
Thespecial circumtances exception toCMI doesn't cover those facts, see 707(b)(2)(B)(i). Need to wait for dismissal and file whenLaw Offices of Peter M. Lively
Personal Financial Law Center I
11965 Venice Blvd, Suite 301
Los Angeles, CA 90066-3977
310-899-0630
800-307-DEBT (3328)
Fax: 310-899-0632
A-Bankruptcy-Attorney.com
Personal Financial Law Center II
1706 Newport Boulevard, Suite B
Costa Mesa, California 92627-3073
Telephone: 949-650-DEBT(3328)
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.
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To: cdcbaa@yahoogroups.com
Sent: Mon, December 28, 2009 1:07:17 PM
Subject: [cdcbaa] missed it by that much
Prospective debtor obtained a hardship pension distribution during the six-month CMI period, making him "flunk" the means test by a significant amount. The distribution was one-time, and will not occur again. While I know he could wait a few months to get the distribution outside ofthe six-month CMI period, due to an entered default judgment (likely wage garnishment) , he would prefer not to. A chapter 13 is not workable.
Is this one of those special circumstances cases where the case can be filed as presumed abuse and then the circumstances can be explained ? If so, should the explanation be included somewhere in B22A ?
Thx
The special circumtances exception to CMI doesn't cover those facts, see 707(b)(2)(B)(i). Need to wait for dismissal and file when CMI is lower. Peter M. Lively, J.D./M.B.A.Law Offices of Peter M. Lively Personal Financial Law Center I11965 Venice Blvd, Suite 301 Los Angeles, CA 90066-3977 310-899-0630 800-307-DEBT (3328)Fax: 310-899-0632 A-Bankruptcy-Attorney.com
Personal Financial Law Center II1706 Newport Boulevard, Suite BCosta Mesa, California 92627-3073Telephone: 949-650-DEBT(3328)
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: "mitnicklaw@aol.com" <mitnicklaw@aol.com>To: cdcbaa@yahoogroups.comSent: Mon, December 28, 2009 1:07:17 PMSubject: [cdcbaa] missed it by that much
Prospective debtor obtained a hardship pension distribution during the six-month CMI period, making him "flunk" the means test by a significant amount. The distribution was one-time, and will not occur again. While I know he could wait a few months to get the distribution outside of the six-month CMI period, due to an entered default judgment (likely wage garnishment) , he would prefer not to. A chapter 13 is not workable.
Is this one of those special circumstances cases where the case can be filed as presumed abuse and then the circumstances can be explained ? If so, should the explanation be included somewhere in B22A ?
Thx
The post was migrated from Yahoo.