National Guard temporary means test exclusion expires=
Posted: Fri Nov 19, 2010 3:13 pm
Hi Holly,
Let me know if you want some help on this issue. I not familiar with this issue but I wouldn't mind helping out--I'm was career U.S. Army (i.e., crazy ranger).
Sincerely,
Tyson M. Takeuchi, Esq.
Tyson M. Takeuchi
Certified
Bankruptcy Specialist*^
Law Offices of Tyson M. Takeuchi
1100
Wilshire Blvd., Ste. 2606
Los Angeles, CA 90017
tel: (213)
637-1866
fax: (866) 481-3236
*By State Bar of California Board of
Legal Specialization
^Consumer Bankruptcy Specialist Certified by
American Board of Certification
To: cdcbaa@yahoogroups.com
Date: Fri, 19 Nov 2010 14:50:54 -0800
Subject: Re: [cdcbaa] National Guard temporary means test exclusion expires - what is the means test period?
Phooey. I shouldn't have filed Schedule I. I can beat the presumption of abuse but I just hate having to go into the case filing under the presumption because the UST makes you jump through so many hoops.
I still don't understand procedurally how it works when you don't file Schedule I. Do you have to set it for hearing, or does the clerk docket a hearing?
Holly Roark
CDCA
holly@roarklawoffices.com
On Fri, Nov 19, 2010 at 9:05 AM, Dennis wrote:
Cannot unfile.
Sent from my iPhone
On Nov 18, 2010, at 9:15 PM, Dennis wrote:
Depends if you filed I and j skds.
Sent from my iPhone
On Nov 18, 2010, at 5:05 PM, Holly Roark wrote:
If you check box 1C on form 22A (temporary exclusion from means testing), but the exclusion expires while the case is pending (and prior to the time for UST to file a motion raising the means test presumption) and you are required to file a means test, what is the means test period? Does it go back six months from the filing date (as usual)? Or, does it look back 6 months from the expiration of the exclusion date? This is unclear. If you have to go back to the filing date, what is the whole point of the temporary exclusion? As I understand it, the policy behind the exclusion is to take into consideration the wild variations in pay of service members when they are called to active duty, then come back to their civilian jobs, then are called to active duty again.
Thanks in advance.
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
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