Business income, chapter 13, means test [1 Attachment=
Posted: Wed Oct 27, 2010 7:13 pm
9th Cir. BAP's Weigandsimply interprets CMI to include the gross income of self
employed Ch13debtors. This is a big deal if you are trying to get a
Ch13debtor under median income level or is it?
9th Cir. Court of Appeal's Kagenveamainstructs that ACP is not applicable where
CMI reduced by applicable expenses results in B22C PDI of $0 or less, so who
cares about CMI anyway?
Therefore, assuming Kagenveama survives Lanning, Weigand remains
merelypersuasive (and as a BAP decision is not binding) for bankruptcy judges,
whenB22C PDI isa positive number.
Going full circle, Ithink Weigandis entirely superflousafterKagenveama.
Itsgetting late, so I hopethis makes sense...
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To: cdcbaa@yahoogroups.com
Sent: Wed, October 27, 2010 6:36:17 PM
Subject: RE: [cdcbaa] Business income, chapter 13, means test
I like the way Peter thinks. However, John, you do have to overcome Weigand; a
case I only partially understand. Peter, is Weigand ultimately only making the
ACP longer for self employed individuals (as opposed to employees of their own
or other business entities), and not really changing what their PDI calculation
is? And does incorporating prior to the income measuring period sidestep
Weigand?
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of P L
Sent: Wednesday, October 27, 2010 5:38 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Business income, chapter 13, means test [1 Attachment]
[Attachment(s) from P L included below]
See 1325(b)(2)(B) and Weigand (BAP). I think youhave a good arguemnt
thatLanning in conjunction with Kagenveama trumps Weigand if B22C PDI adjusted
forforeseeable income and expensesis $0 or negative.
Peter M. Lively, JD/MBA
Law Office of Peter M. Lively * Personal Financial Law Center I
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
Personal 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
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