Filing Proof of Income for Self Employed or Unemployed
Posted: Wed Jan 06, 2010 9:59 am
I may have misread the original post. Is the Trustee saying that proof
of self-employment income is REQUIRED, or that this particular Trustee
wants it? And is your client unemployed, or self-employed? I query
how one can provide proof of income when they're unemployed; that would
be a nifty trick.
But a Trustee can pretty much ask for anything they want dealing with
debtor's finances, etc., so I don't have a problem with that. But if
the reason the Trustee is asking for it is due to some inaccurate
reading of the Code, that's different, in my opinion.
*************************
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/)
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On 1/6/2010 9:40 AM, Dennis McGoldrick wrote:
>
>
> 704 requires the trustee to investigate. 521 requires the debtor to
> cooperate.
>
> The UST will be glad the trustee is taking the extra step.
>
> Cooperate.
>
> Dennis McGoldrick
> 350 S. Crenshaw Bl., #A207B
> Torrance, CA 90503
>
> On Jan 5, 2010, at 11:36 PM, "Mark J. Markus" > wrote:
>
>> The form that gets filed with the petition titled "Debtor's
>> Certification of Employment Income Pursuant to ....521...."
>> specifically excludes paystubs from the list of statements the debtor
>> makes if he is self-employed or unemployed. I don't know if that's
>> an official form, or our local one, but either way, it's beyond
>> argument that they are not required for either self-employed or
>> unemployed debtors.
>>
>> I would send a letter to the OUST attorney in charge of supervising
>> McBeth and "request" that they compel him to conclude the meeting.
>> If he doesn't, I'd file a Motion with the Court and embarrass the
>> Shakespeare out of him (OK, that was MACBeth....)
>>
>> *************************
>> 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 athttp://bklaw.com/bankruptcy-blog/2008/09/debt-relief-agencies-definition/)
>> ________________________________________________
>> 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 1/5/2010 7:30 PM, Mark T.Jessee wrote:
>>> Chapter 7 Trustee McBeth in Santa Barbara maintains it is required
>>> and continued the 341(a) for that reason.
>>>
>>> Mark T. Jessee
>>> Law Offices of Mark T. Jessee
>>> "A Debt Relief Agency"
>>> 50 W. Hillcrest Drive, Suite 200
>>> Thousand Oaks, CA 91360
>>> (805) 497-5868
>>>
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>>>
>>> *On Tue 5/01/10 7:13 PM , "Patrick Green" pat@fitzgreenlaw.com sent:
>>> *
>>>
>>> None. Who’s asking for it?
>>>
>>> If you have any questions or concerns, please contact me.
>>>
>>> Pat
>>>
>>> Patrick T. Green, Esq.
>>>
>>> Fitzgerald & Green
>>>
>>> Attorneys at Law
>>>
>>> 1010 E. Union Street
>>>
>>> Suite 206
>>>
>>> Pasadena, CA 91106
>>>
>>> Tel: 626-449-8433
>>>
>>> Fax: 626-449-0565
>>>
>>> pat@fitzgreenlaw.com
>>>
>>> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
>>> *On Behalf Of *Mark Jessee
>>> *Sent:* Tuesday, January 05, 2010 6:41 PM
>>> *To:* cdcbaa@yahoogroups.com
>>> *Subject:* [cdcbaa] Filing Proof of Income for Self Employed or
>>> Unemployed Debtor
>>>
>>> I am looking at the Debtor's Certification of Employment income
>>> and the proof of income requirements. I see nothing in Section
>>> 521(a)(1)(B)(iv) requiring any documentation for debtor's who
>>> are self employed or who are unemployed. The local form itself
>>> only asks for proof of income from those who have an employer. I
>>> cannot find anything in the FRBP or the Local Rules Requiring
>>> such documentation to be filed. The local instruction list for
>>> required Chapter 7 filing documents and their order only makes
>>> references to attaching paychecks. I just reviewed the just
>>> updated version of the Rutter Group Bankruptcy Guide and it
>>> makes no reference to anything other than paychecks. Obviously
>>> any trustee can ask for proof of income if they wish, but what
>>> authority is there requiring us to file proof of income for the
>>> self employed or unemployed?
>>>
>>> Mark Jessee
>>>
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