Duty to Disclose Change in Circumstances in Chapter 1=

Yahoo Bot · Mon Nov 15, 2010 10:52 am

As counsel to the debtor, you are responsible to identify the risks that the
code will be enforced and the consequences for same.
Chapter 13Trustees have a profitincentiveand as their officesbecome better
staffed and the filing drop-off, theywill probably startenforcingthesecode
provisions.
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
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________________________________
To: cdcbaa@yahoogroups.com
Sent: Mon, November 15, 2010 10:35:02 AM
Subject: RE: [cdcbaa] Duty to Disclose Change in Circumstances in Chapter 13
Case
I know what the Code says, and its a pretty simple concept, but Ia plan increased due to increased income during the plan term in 19 years of
practice. I have randomly asked others if they have and have yet to have one
anecdote related to me, and one of the persons was someone who was a Chapter 13
Trustee attorney for several years. The Trustees dont have time to evaluate
every case postpetition, and so long as tax returns are given they are on notice
of increases.
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of P L
Sent: Monday, November 15, 2010 9:58 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Duty to Disclose Change in Circumstances in Chapter 13
Case
Nick,
ode,
butsinceearningfrom postpetition (I took out the hypen forDennis) earning
areproperty of theestate, if the Ch13 T wakes up beforethe end of the
planthere may be a problem securing a discharge without turnover of all that
"surplus" disposable income.
Respectfully,
Peter
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
PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
________________________________

The post was migrated from Yahoo.

Yahoo Bot · Mon Nov 15, 2010 9:58 am

Nick,
ode,
butsinceearningfrom postpetition (I took out the hypen forDennis) earning
areproperty of theestate, if the Ch13 T wakes up beforethe end of the
planthere may be a problem securing a discharge without turnover of all that
"surplus" disposable income.
Respectfully,
Peter
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
PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
________________________________
To: "cdcbaa@yahoogroups.com"
Cc: Nicholas Gebelt
Sent: Sat, November 13, 2010 1:10:53 PM
Subject: RE: [cdcbaa] Duty to Disclose Change in Circumstances in Chapter 13
Case
Dear Dennis,
Subsection 521(f) begins with the statement (that appears to apply to the entire
subsection): At the request of the court, the United States trustee, or any
party in interest in a case under chapter 7, 11, or 13, a debtor who is anindividual shall file with the court . . . Therefore, in the absence of such
a request the Debtor appears not to have any of the duties listed in 521(f).
And if there is a request to produce some of the materials and informationlisted, the Debtor is not required to produce all of the others just those
requested. That seems to me to be the reasonable interpretation of this
subsection based on its grammatical construction.
It is true that Chapter 13 confirmation orders usually include a requirement to
produce income tax returns each year. However, I have yet to see one that
required the Debtor to submit a declaration pursuant to 521(f)(4).in the absence of a request, I do not see why the Debtor needs to do anything
other than submit income tax returns annually and, of course, tax refunds if
specified in the confirmation order.
What is wrong with my reasoning?
All the best,
Nick
Nicholas Gebelt, Ph.D., J.D.
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com
Web: www.goodbye2debt.com
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received this e-mail in error, please notify us immediately at
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Law Offices of Nicholas Gebelt do not represent you, and this email does not
contain any legal advice for you.
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Dennis
Sent: Friday, November 12, 2010 7:46 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Duty to Disclose Change in Circumstances in Chapter 13
Case
See 521(f)(2), (3), and (4).
See 521(g)
So answer is must disclose change on first anniversry of confo, after the
change.
Sent from my iPhone
On Nov 12, 2010, at 11:22 AM, "Tyson" wrote:
>Hi everyone,
>
>If a debtor was separated at the confirmation of a Chapter 13 plan but
>subsequently got back together with the spouse, (who is working), must the>debtor disclose this fact to the Chapter 13 trustee?
>Thanks,
>Ty Takeuchi
Nick,

I agree with your reading of the plain language of the code, but since earning from postpetition (I took out the hypen for Dennis) earning are property of the estate, if the Ch13 T wakes up before the end of the plan there may be a problem securing a discharge without turnover of all that "surplus" disposable income.

Respectfully,Peter 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: Nicholas Gebelt <ngebelt@gebeltlaw.com>To: "cdcbaa@yahoogroups.com" <cdcbaa@yahoogroups.com>Cc: Nicholas Gebelt <ngebelt@gebeltlaw.com>Sent: Sat, November 13, 2010 1:10:53 PMSubject: RE: [cdcbaa] Duty to Disclose Change in Circumstances in Chapter 13 Case
Dear Dennis,

Subsection 521(f) begins with the statement (that appears to apply to the entire subsection): At the request of the court, the United States trustee, or any party in interest in a case under chapter 7, 11, or 13, a debtor who is an individual shall file with the court btor appears not to have any of the duties listed in 521(f). And if there is a request to produce some of the materials and information listed, the Debtor is not required to produce all of the others just those requested. That seems to me to be the reasonable interpretation of this subsection based on its grammatical construction.

It is true that Chapter 13 confirmation orders usually include a requirement to produce income tax returns each year. However, I have yet to see one that required the Debtor to submit a declaration pursuant to 521(f)(4). Therefore, in the absence of a request, I do not see why the Debtor needs to do anything other than submit income tax returns annually AN>

What is wrong with my reasoning?

All the best,

Nick

Nicholas Gebelt, Ph.D., J.D.
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com
Web: www.goodbye2debt.com

Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please notify us immediately at
562.777.9159 or e-mail info@goodbye2debt.com and destroy the original message and all copies.

Representation Note: If you have not signed a contract of representation, the Law Offices of Nicholas Gebelt do not represent you, and this email does not contain any legal advice for you.

From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of DennisSent: Friday, November 12, 2010 7:46 PMTo: cdcbaa@yahoogroups.comSubject: Re: [cdcbaa] Duty to Disclose Change in Circumstances in Chapter 13 Case

See 521(f)(2), (3), and (4).
See 521(g)

So answer is must disclose change on first anniversry of confo, after the change.
Sent from my iPhone
On Nov 12, 2010, at 11:22 AM, "Tyson" <

Hi everyone,If a debtor was separated at the confirmation of a Chapter 13 plan but subsequently got back together with the spouse, (who is working), must the debtor disclose this fact to the Chapter 13 trustee?Thanks,Ty Takeuchi

The post was migrated from Yahoo.