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Social Security back payment received during chapter =

Posted: Fri Apr 22, 2011 6:22 pm
by Yahoo Bot

All: There is an argument that the funds are not property of the estate
(1306/541) since exempt(522 & 703 or704)as reasonably necessary
forsupportwhile disclosure is required in taxes (at least), a trustee's motion
for plan modificaitonmight be defeated. A dismissal motion might be a
welcomeway out to avoid Rossen.
Peter M. Lively, JD, MBA
The Personal Financial Law Center* Culver City & Costa Mesa * 800-307-DEBT
________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Fri, April 22, 2011 6:05:24 PM
Subject: Re: [cdcbaa] Social Security back payment received during chapter 13
plan
Alik and Nick:
Isn't the money property of the 13 estate?
If case not dismissed, doesn't debtor have to disclose to trustee and face a
motion to amend?
It will be on next years tax return, so if debtor just blows it or hides it,
won't trustee move to dismiss?
Sent from my iPhone
On Apr 22, 2011, at 5:46 PM, Nicholas Giblet@gebeltlaw.com> wrote:
>Dear Alik,
>
>In Lockhart v. United States, 546 U.S. 142 (2005) (available at

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