Central District Consumer Bankruptcy Attorney's Association

mortgage is a consumer debt in 9th cir.
convert to 11 and only pay what would be paid in a 13.
dennis

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While the car lien is clearly is not a secured creditor (box 42) , isn't
there an argument that the car payment is a (box 35) "payment to family
members"? Be careful about double dipping on the vehicle expense (boxes
22-24). Hale
_____

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I have a PC, who has had an aggressive collector of a business debt after
him and his family for years. (e.g., levying bank accounts the week of
Christmas, attempting to go after the children's accounts, etc.). PC filed
chapter 7 bk, and while awaiting for discharge, the same debt collector
filed a complaint for bad faith under 11 usc 727(a), basically arguing
incorrect information on the means test. The DB has a point on several of
the issues (voluntary 401k contribution for example).
PC understands that this is an uphill battle at best, but is willing to do
whatever they can to get this guy off of their backs.
If I take the case, I would like to primarily argue that their debts are
primarily nonconsumer debt. The sticking point is their mortgage, which is
640k. That, along with medical debt, totals over 644k. The nonconsumer
debt is $519k (of which $465k is by the debt collector).
In re. Restea 76 BR 728 is in our favor, but In re. Kelly 841 F.2d 908 and
In re Price 353 F.3d 1135 leaves little wiggle room.
If mortgage is conclusively consumer debt, then the next question in his
case is whether he can deduct an actual car payment is his making but the
title to the car has his parents' names on it. This is because they could
not qualify for financing so the parents bought it for him.
They are not in position to dismiss the case and refile under better
circumstances, because the wife just started working, and her salary would
push them out of ch. 7.
Any suggestion or pointers would be greatly appreciated.
Warm regards,
Jacob D. Chang, Esq.
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I have a PC, who has had an aggressive collector of a business debt after him and his family for years. (e.g., levying bank accounts the week of Christmas, attempting to go after the children's accounts, etc.). PC filed chapter 7 bk, and while awaiting for discharge, the same debt collector filed a complaint for bad faith under 11 usc 727(a), basically arguing incorrect information on the means test. The DB has a point on several of the issues (voluntary 401k contribution for example).
PC understands that this is an uphill battle at best, but is willing to do whatever they can to get this guy off of their backs.If I take the case, I would like to primarily argue that their debts are primarily nonconsumer debt. The sticking point is their mortgage, which is 640k. That, along with medical debt, totals over 644k. The nonconsumer debt is $519k (of which $465k is by the debt collector).
In re. Restea 76 BR 728 is in our favor, but In re. Kelly 841 F.2d 908 and In re Price 353 F.3d 1135 leaves little wiggle room.If mortgage is conclusively consumer debt, then the next question in his case is whether he can deduct an actual car payment is his making but the title to the car has his parents' names on it. This is because they could not qualify for financing so the parents bought it for him.
They are not in position to dismiss the case and refile under better circumstances, because the wife just started working, and her salary would push them out of ch. 7.Any suggestion or pointers would be greatly appreciated.
Warm regards,Jacob D. Chang, Esq.Please kindly consider the environment before printing this e-mail. Note: This electronic mail is intended to be received and read only by certain individuals. It may contain information that is attorney-client privileged or protected from disclosure by law. If it has been misdirected, or if you suspect you have received this in error, please notify me by replying and then delete both the message and reply. Thank you.

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