It depends on where the case is filed, how much credit card debt, and how recently they bought the boat and motor home.
James R. Selth
Weintraub & Selth, APC
12424 Wilshire Blvd., Suite 1120
Los Angeles, CA 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail:
jim@wsrlaw.net
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF
THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
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To:
Sent: 3/26/2008 3:04PM
Subject: [cdcbaa] Too many assets/expenses?
>> I have a H&W getting ready to file a Ch. 7. They have high income, but a lot of
>> expenses, including a lot of secured debt---which includes 2 cars, a house, a
>> motorhome, and a boat. So, they will pass the means test, barely.
>>
>> I&J is what has me worried. If they eliminated the boat and motorhome, they would
>> have a surplus of about $1,000 per month. They want to keep them, and will state their
>> intent to retain, but these don't seem like "necessary" expenses to me.....
>>
>> How likely is the Trustee or USTO to object under 707a or 707b under this scenario?
>> Should I not even try for a Ch. 7?
>>
>> ______________________
>> 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
>> ___________
>> 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 (or in any attachment).
>>
It depends on where the case is filed, how much credit card debt, and how recently they bought the boat and motor home.
James R. Selth
Weintraub & Selth, APC
12424 Wilshire Blvd., Suite 1120
Los Angeles, CA 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail:
jim@wsrlaw.net
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF
THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY
US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
--- Original Message---
To:
Sent: 3/26/2008 3:04PM
Subject: [cdcbaa] Too many assets/expenses?
>> I have a H&W getting ready to file a Ch. 7. They have high income, but a lot of
>> expenses, including a lot of secured debt---which includes 2 cars, a house, a
>> motorhome, and a boat. So, they will pass the means test, barely.
>>
>> I&J is what has me worried. If they eliminated the boat and motorhome, they would
>> have a surplus of about $1,000 per month. They want to keep them, and will state their
>> intent to retain, but these don't seem like "necessary" expenses to me.....
>>
>> How likely is the Trustee or USTO to object under 707a or 707b under this scenario?
>> Should I not even try for a Ch. 7?
>>
>> ______________________
>> 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
>> ___________
>> 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 (or in any attachment).
>>
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